A.G. OF THE MID-WESTERN STATE V CHIEF SAM WARRI ESI
August 6, 2025D.M. AIGBE VS BISHOP JOHN EDOKPOLOR
August 6, 2025Legalpedia Citation: (1977-04) Legalpedia 28850 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Thu Apr 14, 1977
Suit Number: SC. 336/1975
CORAM
PARTIES
THE ATTORNEY-GENERAL OF THE MID-WESTERN STATE
APPELLANTS
CHIEF SAM WARRI ESI
RESPONDENTS
AREA(S) OF LAW
TRANSFER AND VESTING OF PROPERTY
SUMMARY OF FACTS
This appeal was brought from the judgment of the high court, in favour of the plaintiff by which it was ordered that the purported transfer and vesting of Esi College, Warri to the Government of Mid-Western State of Nigeria by virtue of the Education Edict 1972 was invalid. And it was ordered that the Government of the Mid-Western State of Nigeria or anyone acting by authority or order of the said Government be restrained from interfering with the plaintiff’s rights and interests in accordance with the powers conferred by Section 39(1) of the Education Edict. Not satisfied with this decision, the defendant appealed to the Supreme Court.
HELD
The appeal failed. The judgment of the High Court was affirmed.
ISSUES
1. The learned trial Judge erred in law in that part of his judgment where he held ‘Any Edict which is inconsistent with any section of the Constitution not suspended by Decree No. 1 of 1966 can be attacked and declared invalid’, because by implication such an Edict is inconsistent with Decree No. 1 of 1966, when the basis of the claim before him was the Constitution of the Federation.
2. That the court below had no jurisdiction to declare Part VIII particularly Sections 40(2), 41(1), 41(4) of the Education Edict, 1972 invalid.
RATIONES DECIDENDI
THE INTENTION OF THE WESTERN LEGISLATURE WHEN IT ENACTED THE PUBLIC LANDS ACQUISITION LAW
“The intention of the Western Legislature (i.e. the “Regional Parliament”) when it enacted the Public Lands Acquisition Law was that compensation to be made to an owner of land compulsorily acquired from him must accord with well settled principles upon which compensation in such circumstances is to be assessed.” Per IDIGBE, JSC.
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
