Supreme Court 23RD MAY, 2003.
Justices: IDRIS LEGBO KUTIGI, J.S.C. (Presided and Dissented), ALOYSIUS IYORGYER KATSINA-ALU, J.S.C.,
SAMSON ODEMWINGIE UWAIFO, J.S.C. (Read the Leading Judgment),
EMMANUEL OLAYINKA AYOOLA, J.S.C., NIKI TOBI, J.S.C.
DAHIRU MUSDAPHER, J.S.C., DENNIS ONYEJIFE EDOZIE, J.S.C.
Subject Matter(s):
Main Claim combined with claim under Fundamental Human Rights.
Retroactive laws which impose criminal penalties are an affront to liberty.
Ouster clause does not protect nullity
Retroactive laws which criminal penalties are affront to liberty,
Where a breach of fundamental human rights is ancillary to the substantive claim case is not to be filed under the fundamental human rights procedure.
Where an inferior tribunal or a court acts in disregard of the parties' rights under the constitution the party can file an action to enforce his fundamental human rights,
Final Order: Appeal Dismissed.