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ALHAJI A. G. ISHOLA NOAH V. HIS EXCELLENCY,THE BRITISH HIGH COMMISSION TO NIGERIA

(1980) JELR 33946 (SC)

Supreme Court  •  SC.79/1980  •  22 Oct 1980  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; AUGUSTINE NNAMANI JSC;

Judgement

FATAYI-WILLIAMS, C.J.N. (Delivering the Leading Judgment ): On September, 1980, this Court ruled that it has no original jurisdiction in a case brought by the Plaintiff against the British High Commissioner in Nigeria the action is incompetent, and that it is null and void. The action was the dismissed.

Exactly a month later, the same Plaintiff has taken out an originating summons in which he asks for a declaratory judgment against the same British High Commissioner in Nigeria.

This, to my mind, is clearly an abuse of process of this Court since he must have known that this second action is still incompetent. It is my view, therefore, that the action should be dismissed again on the ground that this Court has no original jurisdiction to hear the case having regard to the provisions of section 212 of the Constitution of the Federal Republic of Nigeria, 1979, and to the fact that the National Assembly has not conferred any such jurisdiction on the Court pursuant to subsection (2) of theā€¦

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