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COMPTR., NIG. PRISONS SERVICES., IKOYI, LAG. & ORS
V.
ADEKANYE & ORS

(2002) JELR 35855 (SC)

Supreme Court 12 Jul 2002 Nigeria
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- The appellant, Comptroller, Nigerian Prisons Service, filed an application before the High Court of Lagos under habeas corpus for alleged offences under the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree, 1994

Case Details

Suit Number:SC.183/1999
Judges:SALIHU MODIBDO ALFA BELGORE JSC IDRIS LEGDO KUTIGI JSC SYLVESTER UMARU ONU JSC ALOYSIUS IYORGYER KATSINA-ALU JSC AKINTOLA OLUFEMI EJIWUNMI JSC
Counsel:Nnaemeka Ngige, Esq. (with him, O. A. Egwuatu, Esq.) For Appellant Dickson D. I. Osuala, Esq. For Respondent


S.M.A. BELGORE, JSC (Delivering the Leading Judgment): The appellant, Comptroller, Nigerian Prisons Service, was before the High Court of Lagos by way of an application before the court under habeas corpus for the alleged offences under Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree, 1994. The decree provides for bail in exceptional circumstance as provided in s. 26(2) thereof. The conditions for bail, admittedly draconian, could perhaps not be met by the respondents and this led to their choice of High Court to pray for their freedom under habeas corpus proceedings. All the respondents were standing trial in various zones of the tribunals set up purposely under the decree aforementioned. The decree in part II provides for recovery proceedings to be initiated by receiver or liquidator appointed by Central Bank of Nigeria or the Nigerian Deposit Insurance Corporation before the tribunal. The decree provides for jurisdiction exclusively before the tribunal o…

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