ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION
September 10, 2025AFRICAN CONTINENTAL BANK LTD. CALABAR VS JOSEPH AGBANYIM
September 10, 2025Legalpedia Citation: (1960-04) Legalpedia 93542 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Wed Apr 20, 1960
Suit Number: SC 382/1959
CORAM
ADEMOLA, JUSTICE SUPREME COURT
ABBOTT, JUSTICE SUPREME COURT
HUBBARD, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
ATTORNEY GENERAL, WESTERN REGION
RESPONDENTS
AREA(S) OF LAW
JURISDICTION – INTERPRETATION OF STATUTES
SUMMARY OF FACTS
The appellant instituted action via petition of right for compensation. After the action was filed, the Public [ands Acquisition (Amendment) Law, 1958 was enacted which barred the court from entertaining actions for compensation brought more than 12 months after publication of acquisition.
HELD
The court held that the legislation cannot apply retrospectively to deny the court of jurisdiction to entertain the instant case.
ISSUES
Whether the Public [ands Acquisition (Amendment) Law, 1958 can apply retrospectively to deny the court of jurisdiction in the instant case.
RATIONES DECIDENDI
WHEN STATUES CAN APPLY RETROSPECTIVELY
‘unless it affects purely procedural matters (and in my view this is not such a matter) a statute cannot apply retrospectively unless it is made to do so by clear and express terms.’ Per Abbot F.J
CASES CITED
Not Available
STATUTES REFERRED TO
1. The Public [ands Acquisition (Amendment) Law, 1958
2. The Petitions of Right Ordinance, Cap. 167 of the 1948 Edition of the Laws of Nigeria
