UNIVERSITY OF IBADAN V. ADAMOLEKUN

• Pages: 210-218

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NIGERIAN SUPREME COURT CASES

[1967] N.S.C.C.

UNIVERSITY OF IBADAN V. ADAMOLEKUN

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THE COUNCIL OF THE

UNIVERSITY OF IBADAN

APPLICANT/APPELLANT

V

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N.K. ADAMOLEKUN

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RESPONDENT

SUIT NO. SC 376/1966

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

BR ETT,

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J.S.C.

BAIRAMIAN,

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J.S.C.

COKER,

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J.S.C.

LEWIS,

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J.S.C.

26th June, 1967 and 7, August, 1967

Appeals to Supreme Court - Right of direct appeal - If taken away by

establishment of Regional Court of Appeal - Proceedings already in existence

Constitutional Law - Courts - Jurisdiction - Enquiry into validity of Decree or

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Edict - Interpretation - Retrospective operation where matter not merely

procedural; none in absence of clear intention - Sections - Not to be read in

isolation, but in harmony with other relevant sections -

Legislation - Constitution of the Federation, 1963, Sections 1, 117, 127 - Constitution

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(suspension and modification) Decree, No. 1 of 1966, sections 1, 2, 3, 4, 6,

and Schedule 2 - Constitution of Western Nigeria, 1963 Sections 52, 53 -

Court of Appeal Edict, 1967 S.35 - Court of Appeal (Commencement of

Provisions) Notice, 1967.

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ISSUES:

1.

Whether a right of appeal from a Regional High Court to the Supreme Court is

affected by the establishment of a Regional Court of Appeal.

2.

What effect does the Regional Court of Appeal have on appeals relating to

proceedings already in existence before its establishment?

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3.

Whether section 35 of the Court of Appeal Edict, 1967 could amend any

provision in the 1963 Constitution of the Federation.

4.

Whether Section 6 of Decree No. 1 of 1966 precludes a court from making any

enquiry whatsoever into the validity of an Edict or Decree.

5.

Whether a section in a statute should be read in isolation

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FACTS:

This was an application by the appellant Council (defendants) for accelerated

hearing of their appeal.

The defendant council had filed an appeal as of right to the Supreme Court

against the decision of the Western Region High Court. While the appeal was pend-

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ing, the Court of Appeal for the Western Region was set up (under the relevant

constitutional provisions i.e. Ss. 52 and 53 of the Constitution of Western Nigeria,

1963) with effect from April 1, 1967.

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