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ATTORNEY-GENERAL, LAGOS STATE
V.
EKO HOTELS LTD

(2001) JELR 53242 (CA)

Court of Appeal 27 Sep 2001 Nigeria
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- The Court of Appeal held that the Lagos State Government lacked legislative competence to establish a tribunal of inquiry into the sale of shares in Eko Hotels Ltd., a private company incorporated under CAMA, as such matters fall exclusiv

Case Details

Suit Number:CA/L/222/2000
Judges:SULEIMAN GALADIMA, JCA PIUS OLAYIWOLA ADEREMI, JCA
Counsel:Prof. Yemi Osibajo, Esq., A-General of Lagos State (with him, Dr. -*- Kanyin Ajayi, SAN) -*- Mrs. B. Ayodele, Mrs. M. Akinsanya, Mr. A. Iparye, Esq., Mrs. K. Taiwo and Mrs. K. Ogungbemile - for the Appellants . -*- Mr. Bankole Aluko, SAN (with Messrs. M. B. Ganiyu, Ahmed -*- Akanbi and Dare Senbore) - for the Respondent .

OGUNTADE, JCA (Delivering the Lead Judgment): In suit No. FHC/L/CS/1089/99 at the Federal High Court, Lagos, the respondents were the plaintiffs and appellants, the defendants. The plaintiffs by their originating summons issued on 17/9/99 sought the determination of the following questions:

1. Whether the statutory-office of the Governor of Lagos State is vested with/seised of constitutional legislative authority/vires to make subsidiary/delegated legislation which empowers the conduct of an inquiry into matters that pertain to the business-conduct of the sale of shares in a private limited liability company deemed to have been incorporated under the Companies and Allied Matters Act: (Cap 59, Laws of the Federation of Nigeria, 1990).

2. Whether the legislative appointment, constitution and empanelling of a Standing Tribunal of inquiry into the Sale and Acquisition of Shares in Eko Hotel in 1995 lately made by subsidiary/delegated legislation under the hand of the Governor of Lagos S…

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