OGUCHI ONEA & ORS V. NWAEKE EGBEICHI & ORS
August 11, 2025ZANNA MUSA HINDI V. THE STATE
August 11, 2025Legalpedia Citation: (1974-05) Legalpedia (SC) 01899
In the Supreme Court of Nigeria
Wed May 29, 1974
Suit Number: SC 56/1972
CORAM
UDOMA, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
PARTIES
ADENRELE ADEJUMO
NIGERIAN CONSTRUCTION DESIGNING AND PLANNING GROUP LIMITED
APPELLANTS
H.E. COLONEL MOBOLAJI
O. JOHNSON, MILITARY GOVERNOR OF LAGOS STATE
RESPONDENTS
AREA(S) OF LAW
JUDICIAL REVIEW – CERTIORARI
SUMMARY OF FACTS
The appellants sought to limit the extent of the provisions of decree No 28 of 1970 in relation to the forfeiture of two properties. The trial court held that it could not because of the provisions of the decree on appeal
HELD
The appeal was dismissed.
ISSUES
Whether conflict between a decree and the provisions of the constitution may result in the decree being null and void.
RATIONES DECIDENDI
RIGHTS OF COURT TO DECLARE OR INQUIRE ON THE VALIDITY OR OTHERWISE OF A DECREE
“The court are prescribed from making a decision for declare or an inquiry to declare on the validity or otherwise of a decree or Edict within the context of their definition in that decree, such a decision shall be null and void” – per SOWEMIMO J.S .C <foo
CASES CITED
Chief Adebiyi Adejumo vs. H.E Col Mobolaji Military Governor of Lagos (1972) 3SC 47
STATUTES REFERRED TO
Decree No 28 of 1970
Decree No 13 of 1969
Decree No 28 of 1970
