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SKYE BANK PLC v. VICTOR ANAEMEM IWU

(2017) JELR 594 (SC)

Supreme Court  •  SC.885/2014  •  30 Jun 2017  •  Nigeria

Coram
MARY UKAEGO PETER-ODILI JSC MUSA DATTIJO MUHAMMAD JSC CLARA BATA OGUNBIYI JSC KUMAI BAYANG AKA'AHS JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC CHIMA CENTUS NWEZE JSC EJEMBI EKO JSC

Judgement

CHIMA CENTUS NWEZE, JSC (Delivering the Leading Judgment): My Lords, the proximate impulsion to this matter was an order of the Court of Appeal (hereinafter, simply, referred to as "the Lower Court") contained in its Ruling of November 11, 2014. The said Ruling was sequel to a Motion on Notice of September 24, 2014 wherein the appellant implored it [that is, the Lower Court] to state a case for this Court in view of the constitutional issues and substantial points of law which arose before it.

The Lower Court's triadic formulations were expressed in these terms:

(1) Whether the Court of Appeal as an appellate Court created by the Constitution of the Federal Republic of Nigeria, 1999 (as amended) has the jurisdiction to the exclusion of any other Court of law in Nigeria to hear and determine all appeals arising from the decisions of the National Industrial Court of Nigeria?

(2) Whether there exists any constitutional provision which expressly divested the Court of Appeal of its appellate …

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