DOMINIC UGWU & ORS V. EGBUABA IGWE OGBUZURU & ORS
August 11, 2025KUJORE & ORS V. OTUBANJO
August 11, 2025Legalpedia Citation: (1974-10) Legalpedia (SC) 13101
In the Supreme Court of Nigeria
Thu Oct 31, 1974
Suit Number: SC. 162/1974
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
B. C. ONYIUKE
APPELLANTS
EASTERN STATES INTERIM ASSETS AND LIABILITIES AGENCY
RESPONDENTS
AREA(S) OF LAW
JURISDICTION – VALIDITY OF AN EDICT AGINST A DECREE AND THE CONSTITUTINO-1963 CONSTITUTION
SUMMARY OF FACTS
The appellants properties were confiscated without hearing and without being found guilty of any offense under an edict. His action was struck out on the ground that the court had no jurisdiction to enquire into the validity of the edict.
HELD
The court held that the edict was inconsistent with Decrees 1 and 3 of 1966 and the constitution and that the Court has jurisdiction to enquire into the validity of the edict.
ISSUES
Whether the Court has jurisdiction to enquire into the Eastern Nigeria Edict the Detention (of Persons) Edict, 1966 under which the appellants properties were confiscated.
RATIONES DECIDENDI
VALIDITY OF AN EDICT
The courts are competent to declare an Edict invalid on the ground of its inconsistency with a Decree. Per Elias CJN
CASES CITED
Council of the University of Ibadan v. Adamolekun (1967) 1 All NLR 213
STATUTES REFERRED TO
1. The Detention (of Persons) Edict, 1966
2. Decrees 1 and 3 of 1966
3. The constitution of the Federal Republic of Nigeria 1966
