NDOKWU MBEREKPE VS UDOM ADIKES & ANOR
September 4, 2025F.R.A. WILLIAMS VS DR. M.A. MAJEKODUNMI
September 4, 2025Legalpedia Citation: (1962-06) Legalpedia 85035 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Jun 7, 1962
Suit Number: SC 170/1962
CORAM
ADEMOLA, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
1. ATTORNEY GENERAL OF THE FEDERATION
2. SIR ABUBAKAR TAFAWA BALEWA -PRIME MINISTER OF THE FEDERATION
3. DR. M.A. MAJEKODUN
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE–INTERLOCUTORY INJUNCTION–
SUMMARY OF FACTS
The plaintiff went to court, asking that the action of the defendants be declared ultra vires and that he be declared the premier of the Western Region and the restrictions put on him limiting him from so performing be removed, thus he be granted an interlocutory injunction against the defendants.
HELD
As there is no argument to the contrary, this Court accepts that subsection (b) has been conformed with. In the circumstances we must refuse the prayer made by the applicant.
Application for Interlocutory Injunction dismissed.
ISSUES
Whether or not there were sufficient grounds for Parliament to declare a state of emergency?
RATIONES DECIDENDI
WHEN A RULING CAN BE MADE ON A PARLIAMENTARY DECLARATION
‘It is unnecessary for us to rule on the submission that if Parliament acted mala fide in making a declaration of a state of public emergency the Court could hold it invalid, since it is impossible to say in the present case that there was no ground to justify a declaration.’ Per ADEMOLA CJF
CASES CITED
Australian National Airways Property Ltd. v. The Commonwealth (1945) 71 C.L.R. 29
Griffiths, C. J. in Baxter v. Ah-Way (1909) 8 C.L.R. 626 at p. 632
F.S.C. 166/1962:. F.R.A. Williams v. Dr. M.A. Majekodunm
STATUTES REFERRED TO
Emergency Powers Act, 1961
The Constitution of the Federation
