(1980-LCER-2118-SC)
Other Citations
IN THE SUPREME COURT OF NIGERIA
On Wednesday, the 22nd day of October, 1980
SC.79/1980
Before Their Lordships
ATANDA FATAYI-WILLIAMS……..Justice, Supreme Court
AYO GABRIEL IRIKEFE……..Justice, Supreme Court
MOHAMMED BELLO……..Justice, Supreme Court
ANDREWS OTUTU OBASEKI……..Justice, Supreme Court
AUGUSTINE NNAMANI……..Justice, Supreme Court
Between
ALHAJI A. G. ISHOLA NOAH
Appellant
And
HIS EXCELLENCY THE BRITISH HIGH COMMISSION TO NIGERIA
Respondent
HELD:
Action dismissed.
RATIO DENIDENDI:
FATAYI-WILLIAMS, C.J.N. (Delivering the Lead 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 the said section. Not only that, it is also provided in sections 1(2) and 3 of the Diplomatic Immunities and Privileges Act (No. 42 of 1962) that such an action against a foreign envoy in Nigeria shall be void.
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To avoid any further repetition of this farce or further harassment of the British High Commissioner in Nigeria, I further order that no writ or process instituted or any summons taken out against the said British High Commissioner shall be accepted for filing in this Court. The claim is accordingly dismissed with no order as to costs.
A. G. IRIKEFE, J.S.C.: I agree with the views expressed by the Chief Justice of Nigeria in this matter and also with the orders made by him.
M. BELLO, J.S.C.: I agree with the order made by the Chief Justice.
A. O. OBASEKI, J.S.C.: This being a claim by an individual against a foreign Mission the British High Commission in Nigeria, this Court has as at present not been invested with jurisdiction by the Constitution of the Federal Republic of Nigeria, 1979. Section 212 of the Constitution of the Federal Republic sets out clearly the area of litigation in which this Court is invested with original jurisdiction and the Supreme Court Act 1960 Sections 16 and 19 liberally quoted does not give this Court the jurisdiction not given by the Constitution 1979. We have ruled in this Court before in two similar actions brought by the Plaintiff that we have no jurisdiction. This action is therefore an abuse of the process of the Court and ought to be dismissed and I agree with the order of dismissal of the action and the further order by the Chief Justice of Nigeria restraining the Plaintiff from further abuse of the process of this Court.
A. NNAMANI, J.S.C.: I concur with the orders made by my Lord the Chief Justice of Nigeria.
Action dismissed.
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Counsel
Plaintiff in Person…..For Appellant
And
Absent, not represented…..For Respondent