ABAJI AREA COUNCIL & ORS V JOSEPH ONA & ORS
In The Supreme Court of Nigeria
On Thursday, the 4th day of November, 2004
SC.187/2000
JUSTICES
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria
NIKI TOBI Justice of The Supreme Court of Nigeria
DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Between
ABAJI AREA COUNCIL & OTHERS Appellant(s)
AND
JOSEPH ONA & OTHERS Respondent(s)
S.M.A. BELGORE, J.S.C. (Delivering the Leading Ruling): The appeal is allowed. The reference to Court of Appeal was absolutely uncalled for and the substantive suit to be decided in the High Court of Federal Capital Territory before another judge other than the one that made the reference. There is no order as to costs. This decision clears issue 1 and Court of Appeal ruling on reference is set aside.
I.L. KUTIGI, J.S.C.: There being no provision of the Constitution (1979) which needed to be interpreted in this case, it is clear that the reference made by the trial court to the Court of Appeal was misconceived and erroneous.
The appeal is allowed. The judgment of the Court of Appeal is set aside. The case is remitted to the Abuja High Court (F.C.T.) for hearing by another judge other than the one who made the reference in question. No order as to costs.
S.U. ONU, J.S.C.: The appeal technically is allowed. The reference to the Court of Appeal was uncalled for. The case should have been tried in the High Court of the Federal Capital Territory. The reference on issue one is misplaced and the case is accordingly remitted to the High Court, Federal Capital Territory for hearing (to be done by another Judge) with no order as to costs.
NIKI TOBI, J.S.C.: The appeal technically is allowed. The reference to the Court of Appeal is absolutely uncalled for. The substantive action should be pursued in the High Court before another judge. No order as to costs.
D.O. EDOZIE, J.S.C.: The reference of the case by the High Court (FCT) to the Court of Appeal was uncalled for as no issue involving the interpretation of the Constitution was involved. Accordingly, the appeal is allowed on this score and the case is remitted to High Court, F.C.T. for hearing before another judge other than the one that made the reference. No order as to costs.
I.C. PATS-ACHOLONU, J.S.C.: The appeal is technically allowed. The reference to the Court of Appeal is uncalled for. This judgment is only with respect to issue 1 of the 1st set of appellant’s brief.
The parties should go back to the High Court for proper trial of the issues in controversy in the main case.
Appearances
- Y.O. Ali, SAN, For the Appellants, (with him, K.K. Eleja, Esq., I.G. Haruna, Esq., S.A. Oke, Esq., M. Amali, Esq., and Kolawole Kunle), for 1st set of Appellants.
2. Mrs. J.O. Adesina, (with her, Miss A.A. Adebiyi), for the 1st and 2nd set of Appellants.For Appellant
AND
Chief R. Tunyan, (with him, C.I. Okoye and A.C. Nnadi), for the 1st and 2nd Respondents (Joseph Ona and Festus Ona).For Respondent
