BARRISTER J. C. UWAZURUONYE V. THE GOVERNOR OF IMO STATE & ORS

ADENIJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Imo State, sitting at Owerri and delivered on 11th March, 1996, by L.C. Allinor J. The appellant being dissatisfied appealed to this court.

The plaintiff/appellant had filed an originating summons in the court below, seeking answers to the following:

"(1) Whether the criminal jurisdiction conferred on the Customary Courts in Imo state by virtue of section 14 of Edict No.7 of 1984 and shown in Column 1 of the Third Schedule to the Edict is not void in view of section 247 of the 1979 Constitution?

(2) Is prerogative writ an originating process or procedure?

(3) If the answer in issue 2 above is in the affirmative, is it proper and lawful to initiate same in the Customary Court of Appeal - Imo State which is conferred with only appellate jurisdiction by the 1979 Constitution?

(4) Can the 1st defendant by way of an Edict confer an additional original jurisdiction on the 3rd defe…