GOVERNMENT OF THE MIDWEST STATE (NOW BENDEL STATE) & ANOR V MID-MOTORS NIGERIA COMPANY LTD
August 5, 2025BARCLAYS BANK OF NIGERIA LTD VS ALHAJI MAIWADA ABUBAKAR
August 5, 2025Legalpedia Citation: (1977-10) Legalpedia (SC) 01238
In the Supreme Court of Nigeria
Fri Oct 7, 1977
Suit Number: SC. 217/1975
CORAM
FATAYI-WILLIAMS, CHIEF JUSTICE, NIGERIA
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
RICHARD EJEGI
APPELLANTS
COMMISSIONER OF POLICE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-FELONY-CORRUPTION-CONSPIRACY TO RECEIVE GRATIFICATION
SUMMARY OF FACTS
The appellant a vehicle inspection officer without testing an applicant wrote out a certificate in the applicants name signed them and handed them over to his clerk for delivery.
HELD
The court held that the evidence before it, showed an attempt to issue the issue the certificate and not the actual issue of the certificate.
ISSUES
Whether or not the action of the Vehicle Inspection Officer in making out and signing the certificate and handing over the same to his clerk for delivery to the applicant amounted to “the issue” of the certificate within the meaning of Regulation 28
RATIONES DECIDENDI
MEANING OF ISSUE OF A CERTIFICATE
It is plain that Regulation 28 of the Road Traffic Regulation 1971 requires a certificate to be issued to an applicant who has passed a driving test. We are also of the view that a certificate is not “issued” to an applicant until it is delivered to him or to his agent, which means that it must pass from the possession of the authorities into the manual custody or under his control or into his legal possession so as to be at his command. Consequently, we hold that there was no issue of the certificate to the applicant-within the meaning of Regulation 28. PER BELLO JSC
CASES CITED
1. KOO WING LAN V. CALWELL (1949)
STATUTES REFERRED TO
1. CRIMINAL CODE OF WESTERN STATES
2. ROAD TRAFFIC REGULATIONS 1971
3. AUSTRALIAN IMMIRATON ACT NO 31 OF 1949
