S.D. LAR VS STIRLING ASTALDI (NIGERIA) LTD
August 5, 2025GOVERNMENT OF THE MIDWEST STATE (NOW BENDEL STATE) & ANOR V MID-MOTORS NIGERIA COMPANY LTD
August 5, 2025Legalpedia Citation: (1977-11) Legalpedia (SC) 24811
In the Supreme Court of Nigeria
Fri Nov 18, 1977
Suit Number: SC. 47/1975
CORAM
ALEXANDER, CHIEF JUSTICE, NIGERIA
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
PARTIES
AGIP (NIGERIA) LIMITED
APPELLANTS
ATTORNEY-GENERAL OF LAGOS STATE
RESPONDENTS
AREA(S) OF LAW
POWERS OF THE COURT
SUMMARY OF FACTS
The respondents sought to resume occupation of land which they had previously leased out to the appellant. The appellant contended that the Edict under which the respondent sought to resume occupation was contrary to the Decree in force.
HELD
The court held that the Edict under which the respondent sought to act contradicted the Decree and the unsuspended portions of the Constitution.
ISSUES
1. Whether Section25 (1) of Cap 130 as amended by Edict No. 8 of 1976 is valid
2. Whether the court has jurisdiction and power to make such declaration of invalidity
RATIONES DECIDENDI
POSITION OF UNSUSPENDED PORTIONS OF THE CONSTITUTION
“A Court can entertain a question of inconsistency between an Edict and a Decree including the unsuspended provisions of the Constitution of the Federation which are supplemental to Decree No 1 of 1966 PER D.A.R ALEXENDAR
CASES CITED
1. UNIVERSITY OF IBADAN V. N.K ADAMOLEKUN (1967) ALL NLR 213
2. CHAIRMAN, LAGOS EXECUTIVE DEVT.BOARD V. JAMIL SAID &ORS (1967)1 ALL NLR 57
3. SHELL B.P PETROLEUM CO. OF NIGERIA LTD &5 ORS V. M.S ONASANYA (1976)6 S.C 89
4. ENWEZER V. CENTRAL BANK OF NIGERIA (1976)3 S.C 45
STATUTES REFERRED TO
Not Available
