KAYODE OKUOJA V OBAFUNMILAYO ISHOLA
July 25, 2025ALHAJI I.A. ONIBUDO & ORS V ALHAJI A.W. AKIBU & ORS
July 25, 2025Legalpedia Citation: (1982) Legalpedia (SC) 36811
In the Supreme Court of Nigeria
Fri Jul 16, 1982
Suit Number: SC. 95/1981
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IRIKEFE, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
ESO, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
F.S. UWAIFO APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant retired as Chief Accountant from the Bendel State service in 1972, he and was subsequently brought in for investigation under Decree No. 10 of 1976 as validated by Decree No. 18 of 1977.
HELD
The Court held that the appeal completely fails.
ISSUES
What is the effect of Section 6 of the Constitution of 1979 especially of Section 6 subsection 6(d).
RATIONES DECIDENDI
EFFECT OF FORFEITURE HAVING REGARDS TO AN EXISTING LAW
2. “The effect of the forfeiture of the appellants properties, having regard to the existing laws, viz, Decree No. 10 of 1976, Edict No. 10 of 1977 and Decree No. 18 of 1977 and Section 6 subsection 6(d) of the Constitution, is that the forfeiture is valid.” Sowemimo, JSC.
POWERS OF AN EXISTING LAW
1. “An existing law cannot be contradictory to any other repealed Decree.” Sowemimo, JSC.
CASES CITED
None
STATUTES REFERRED TO
Bendel State High Court (Civil Procedure) Rules, 1976
Public Officers (Special Provisions) Act No. 10 of 1976
Tribunals or Inquiries (Validation etc.) Decree No. 18 of 1977
