AKINWALE V. NIGERIAN ARMY
June 20, 2025OBASOHAN VS. OMORODION
June 20, 2025Legalpedia Citation: (2001) Legalpedia (SC) 41123
In the Supreme Court of Nigeria
Fri Jul 13, 2001
Suit Number: SC.71/1995
CORAM
PARTIES
ROCKONOH PROPERTY CO. LTD. APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant claimed to have obtained a deed of assignment of the property in dispute from the respondent without Minister’s consent and claimed general damages on the basis of a valuation report which was speculative. ?
HELD
The appeal was dismissed.
ISSUES
1. Whether failure to obtain prior ministerial approval required by section 12(4) of the Nigerian Coal Corporation Act did not render exhibit J invalid, null and void.2. Whether the appellant proved its case and was entitled to judgment?
RATIONES DECIDENDI
WHETHER REGISTRATION CAN CURE THE REQUIREMENT OF MINISTER CONSENT
Registration does not cure the defect arising from the absence of the ministerial approval or consent, or indeed any defect in any instrument- Uwaifo J.S.C.
EFFECT OF ALIENATION WITHOUT THE CONSENT OF THE MINISTER UNDER SECTION 12(4) OF THE NIGERIAN COAL CORPORATION ACT IS VALID
It is a condition precedent that under section 12(4) of the Nigerian Coal Corporation Act, 1950 (Cap. 134) Laws of the Federation of Nigeria 1958, now section 12(4) of the Nigerian Coal Corporation Act 1950 (Cap 299) Laws of the Federation of Nigeria, 1990, before the corporation can make any valid and enforceable alienation, demise, mortgage or charge any land vested in it, it must obtain the prior approval of the Minister charged with the responsibility of the corporation – Wali J.S.C
CASES CITED
1. Apene v. Barclays Bank of Nigeria (1977) NSCC (Vol. 11) 29 at 362. Dickson v. The Solicitor-General of Plateau State (1974) NSCC (Vol. 9) 268;3. Labaran Nakyauta v. Ibrahim Maikima (1977) 6 S.C. 514. Savanah Bank Ltd. v. A. O. Ajilo (1989) 1 S.C.(Pt.11) 90, (1989) All NLR 265. Emegokwue v. Okadigbo (1973) 4 SC 113;6. Onobruchere v. Esegine (1986) 1 NWLR (Pt.19) 7997. Akhionbare v. Omoregie (1976) 12 SC 11 at 27
STATUTES REFERRED TO
1. The Nigerian Coal Corporation Act 1950 (Cap 299) Laws of the Federation of Nigeria, 1990,2. The evidence Act3. The Land Instrument Registration Law?
