Interlocutory Application

It is long settled that a law Court in interpreting a statute will refrain from ascribing to the clear and unambiguous words that make up the statute their natural meaning if doing so will result in absurdity

MAMUDA v. STATE LGC(11/1/2019) Q

My lords, learned respondent's counsel is right that this Court had to consider its decisions including the Western Steel Works v. Iron and Steel Workers Union of Nigeria (supra) on the applicable test in adjudging whether or not a Court's decision is final or otherwise in the course of determining the appeal in Akinsanya v. U.B.A (supra). Inspite of its decision in Western Steel Works Limited v. Iron and Steel Workers Union of Nigeria (supra), the Court inter-alia at pages 980 – 983 of the report enthused per Eso JSC of blessed memory as follows:- "And so, it has been that the Courts in this country have adopted the test that looks at the order made as against the test that looks at the nature of the proceedings. .... If the Court of first instance orders that a matter before it be terminated (struck out) for it has no jurisdiction to determine the issue before it, that is the end of all the issues arising in the cause or matter and there is no longer any issue between the parties in that cause at matter that remains for determination in that Court. But it would be interlocutory if its order is that it has jurisdiction for there will be reference of the remaining issues in the case to itself." (Underlining supplied for emphasis). There are indeed applications of the principle as propounded (supra) by the Court prior and subsequent to its foregoing decision and inspite of the Courts isolated decision inWestern Steel Works Limited V. Iron and Steel Workers Union of Nigeria (supra). In Igunbor V. Afolabi (2001) 11 NWLR (Pt.723) 148 at 165 this Court dwelt on the extant principle per Karibi-Whyte thus:- "A final order or judgment at law is one which brings to an end the rights of the parties in the action. It disposes of the subject matter of the controversy or determines the litigation as to all parties on the merits. On the other hand, an interlocutory order or judgment is one given in the process of the action or cause, which...