There is however an aspect which offends against the provisions of our Constitution relating to the guaranteed freedom of association. There is no ground of appeal before us by the appellant or a cross-appeal by the respondent covering this point. However, the issue was canvassed in the court below. Unfortunately, the court below expressed no opinion on it. This Court can in exercise of its powers under Section 22 of the Supreme Court Act, Cap. 424 decide the issue.
– Karibe-Whyte JSC. Agbai v. Okogbue (1991) – SC 104/1989