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  • Keyamo v. House of Assembly, Lagos State
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  • 2003-03-17
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Keyamo v. House of Assembly, Lagos State

FESTUS KEYAMO

V

HOUSE OF ASSEMBLY, LAGOS STATE & ORS.

SUPREME COURT OF NIGERIA

MICHAEL E. OGUNDARE, JSC  ( Presided and Read the Lead Judgment )

UTHMAN MOHAMMED, JSC

ANTHONY IKECHUKWU IGUH, JSC

SAMSON ODEMWINGIE UWAIFO, JSC

AKINTOLA OLUFEMI EJIWUNMI, JSC

EMANUEL OLAYINKA AYOOLA, JSC

NIKI TOBI, JSC

SC. 12/2002

MONDAY, 21ST OCTOBER, 2002

ACTION - Originating summons - Filing of without verification by affidavit evidence - Effect thereof

ACTION - Originating summons - Reliefs sought therein - Where predicated on facts - Need to file affidavit evidence

ACTION - Originating summons - When an action may be commenced by originating summons

PRACTICE AND PROCEDURE - Originating summons - Filing of without verification by affidavit evidence - Effect thereof

PRACTICE AND PROCEDURE - Originating summons - Reliefs sought therein - Where predicated on facts - Need to file affidavit evidence

PRACTICE AND PROCEDURE - Originating summons - When an action may be commenced by originating summons

Issue:

Whether originating summons filed by the appellant at the trial court without verification by affidavit evidence of the facts alleged in the originating summons was competent.

Facts:

Appellant herein filed an originating summons in the High Court of Lagos in which he alleged a number of facts. He prayed the court for declaratory reliefs, an order of perpetual injunction and a mandatory order in the form of certiorari to remove a certain proceedings held by the Lagos

State House of Assembly in relation to the Governor of Lagos State, Senator Bola Ahmed Tinubu.

There was no affidavit in support of the originating summons though, there were obviously facts, which the appellant intended to rely on in the nature of evidence. The trial court considered the summons incompetent and struck it out.

On appeal to the Court of Appeal, the Court of Appeal affirmed the decision. Appellant further appealed to the Supreme Court.