CORAM

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OGUNDARE, JUSTICE, SUPREME COURT

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>

MOHAMMED BELLO, JUSTICE, SUPREME COURT

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PARTIES

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SIKIRU AGBOOLA LASISI APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The respondent refused to incorporate the appellants company on the grounds that the proposed company was an alien association and that the object of the company was wider than the object in the business permit therefore failing to comply with The Immigration Act 1963 and The Nigerian Enterprises Promotion Decree, 1972.

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HELD

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An order of mandamus was issued to compel the respondent to register the appellants company on the ground that the company was not an alien association.

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ISSUES

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whether the company is a Nigerian or an alien association within the meaning of the Nigerian Enterprises Promotion Decree, 1972 Per BELLO, JSC.

whether the trial Judge was in error or not in refusing to make an order for mandamus Per BELLO, JSC.

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RATIONES DECIDENDI

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TEST FOR DETERMINING WHETHER A COMPANY IS A NIGERIAN ASSOCIATION OR NOT

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It is clear from the definition under Section 16(1)(c) of the Decree that the correct test for determining whether a company is a Nigerian association or not is to discover the owners of its capital and other financial interest. If its capital and other financial interest are wholly and exclusively owned by Nigerian citizens, then it is a Nigerian association. If, however, a portion of its capital or other financial interest is owned by an alien then, except as otherwise prescribed by or under the Decree, it is an alien association. Per BELLO, JSC.

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CASES CITED

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Commissioner for Local Government Lands and Settlement v. Kadarbhai (1931) AC 652 at 660

King v. Bishop of Sarum (1916) KB 466

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STATUTES REFERRED TO

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Companies Decree No. 51 of 1968

Nigerian Enterprises Promotion Decree, 1972

Immigration Act 1963

Immigration Regulations 1963

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