presented in a formal way for its decision and referred to Halbury's Laws of England 4" edition tn
buttress their contention. They also referred to Black's Law dictionary and the case of Pinner v.
Pinner, 33 N.C. APP. 2004, 234 SE 2d 63d; that jurisdiction Is a term of comprehensive impact
embracing every kind of judicial action. They also relied on the Nigerian case from the Supreme
Court, namely, Madukolu v. Nkemdilim (1962) NSCC 374 where four conditions must be present
before the court can assume jurisdiction or be competent to hear matters before it.
4. Secondly, Learned Counsel submitted that the applicable law at the time the alleged cause of
action arose in 2004 was protoco) A/P{/7/4l which provided individuals no direct access to the
Court of the Community unless through their Member States which were required to represent
them against another Member State in a dispute before the Court. On that score, he submitted that
the applicant had no right to approach the Court at the time the cause of action arose or accrued.
He contended that the Court lacked jurisdiction to determine a matter on account of legislation that
its provisions are repealed or apply a subsequent legislation retrospectively. He referred to
Protocol A/P.1/07/91 in respect of the former Protocol and Protocol A/SP.1/01/05. regarding the
latter.
10. He submitted that the latter legislation cannot be applied herein because Article {(1) & (2) of
the Supplementary Protocol Number (A/SP.1/01/05) grants no retrospective application to its
provisions or that it should be subsumed with the former Protocol A/PI/07/91
on the ground
that its provisions appeared not to have given it such interpretation. He contended that the latter
Protocol provided that, “this supplementary Protocol shall enter into force provisionally upon
signature by the Heads of State and Government as at January 2005".
{{. He submitted that having entered into effect in 2005, it cannot be retrospectively interpreted
to apply to a cause of action that arose in 2004. In response to this point, Learned Counsel to the
Plaintiff submitted that a subsequent Act does not affect the provision of a prior special or
private Act, unless it is expressly provided in a subsequent Act. He submitted that the
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