THE MILITARY ADMINISTRATOR, BENUE STATE THE COMMISSIONER OF POLICE, BENUE STATE THE ATTORNEY-GENERAL, BENUE STATE V. CAPTAIN CLEMENT ABAYILO (RTD)
(2000) JELR 51104 (CA)
Court of Appeal
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CA/E/97/97
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11 Dec 2000
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Nigeria
Coram
JUSTIN THOMSPON AKPABIO, JCA (Presided) JOHN AFOLABI FABIYI, JCA MUSA DATTIJO MUHAMMAD, JCA (Read Lead the Judgment)
Appearances
S. C. Egede Asst., Director of Civil Litigation, Ministry of Justice, Benue State. - for the Appellants.
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Respondent and Counsel absent. C
Judgement
<p><strong> MUHAMMAD, JCA (Delivering the Lead Judgment): </strong> This appeal once again raises the question of the jurisdiction of the Federal High Court as it relates to chapter iv of the 1979 constitution of the Federal Republic of Nigeria. The first issue to be resolved by the Appeal is whether in the eventof a threat or actual breach of the fundamental rights of a citizen in a state other than the very state wherein the Federal High Court is situate, access to the Federal High Court would be open to enable the citizen enforce those threatened or perverted rights. The question has also been raised as to what a court should look at where its jurisdiction is challenged. Is the court restricted to the examination of the claim of the plaintiff or is it at liberty to refer to other materials outside the writ and the claim in the court’s determination of the issue of jurisdiction?</p><p>Let us briefly recall the facts of the case upon which the appeal arose. The respondent in this matter commenced proceedings i…</p>