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  • 2002-08-26
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Abdulsalam v. Salawu

1.ALHAJI SAIDU ABDULSALAM
2.SANI OMOLORI
[Ohinoyi of Ebira (Now Deceased)]
V
ALHAJI ABDULRAHEEM SALAWU
SUPREME COURT OF NIGERIA

MUHAMMADU LAWAL UWAIS, CJN (Presided)
SALIHU MODDIBBO ALFA BELGORE, JSC (Read the Lead Judgment)
IDRIS LEGBO KUTIGI, JSC
AKINTOLA OLUFEMI EJIWUNMI, JSC
EMMANUEL OLAYINKA AYOOLA, JSC
SC. 21/1998
FRIDAY, 28TH JUNE, 2002
CONSTITUTIONAL LAW - Islamic law - Whether defined under the 1979 Constitution
CONSTITUTIONAL LAW -  Constitution 1979, section 236(1)  - Unlimited jurisdiction of State High Court thereunder - Whether may be limited other than by constitutional provision
COURT - Appellate Court - Duty of when it becomes aware of death of necessary party to the appeal - Order 8 rule 9(5) of Supreme Court Rules, 1985
COURT - Jurisdiction - Constitutional power of court to exercise - Whether can be vitiated by the fact that the case is of Moslem Law
COURT - Sharia Court of Appeal - Jurisdiction of - Whether 1979 Constitution confers original jurisdiction on same to deal with question of Islamic Law
COURT - State High Court - Unlimited jurisdiction of under section 236(1) of 1979 Constitution - Whether may be limited other than by constitutional provision
ISLAMIC LAW - Islamic personal law - Source of
ISLAMIC LAW - Whether defined under the 1979 Constitution
JURISDICTION  - Issue of jurisdiction - Importance of - Need to be addressed first by the court when raised
JURISDICTION - Constitutional power of court to exercise jurisdiction -
Whether can be vitiated by the fact that the case is of Moslem Law
JURISDICTION - Issue of jurisdiction - Raising of for the first time as a ground of appeal - Need to raise through a proper application
JURISDICTION - State High Court - Unlimited jurisdiction of under section 236(1) of 1979 Constitution - Whether may be limited other than by constitutional provision
LEGAL PRACTITIONER - Death of client of counsel - Duty of counsel to give notice of same to the court - Order 8 rule 9(1) of Supreme Court Rules, 1985
PRACTICE AND PROCEDURE - Counsel - Death of client of counsel -
Duty of counsel to give notice of same to the court - Order 8 rule
9(1) of Supreme Court Rules, 1985
Issues:
1.
Whether having regard to the state of pleadings and the weight of evidence proffered before the court, plaintiff has proved his case on balance of probabilities (Grounds 1, 3, 5, 6).
2.
Whether the trial Judge adverted his mind properly to the pleadings and the case made out on those pleadings before framing his issues Nos. (b) and (c) for determination and deciding same against defendant (2) and (4).
3.
Whether plaintiff has proved any age-old agreement that where Chief Imam comes from or is to come from one of the two Moslem communities (Obehira and Okengwe) the choice is or should be the responsibility of that community, (3).
Facts:
The respondent herein as plaintiff filed this suit at the High Court of
Kogi State against the appellants as defendants for amongst other things a declaration that he was the proper person to be appointed as the Chief Imam of the Central Mosque at Okengwe. And also injunction to restrain the 2nd appellant from turbaning the first appellant as the Chief Imam of Okengwe.
At the conclusion of trial, the trial court gave judgment in favour of the respondent as claimed. Aggrieved, the appellant appealed to the Court of Appeal. The Court of Appeal upheld the decision of the trial court.
Further aggrieved, the appellant appealed to the Supreme Court.