EFFIOM
V.
DIRECTOR OF PRISONS

(1999) JELR 79492 (CA)    
Court of Appeal  ·  15 Jun 1999 ·  Nigeria
 · 
Other Citations
Effiom v. Director of Prisons (1999) 14 NWLR (Pt. 638) 330
CORAM
GEORGE ADESOLA OGUNTADE, J.C.A. (Presided and Read the Leading Judgment) SULEIMAN GALADIMA, J.C.A., PIUS OLAYIWOLA ADEREMI, J.C.A.
Core Terms Beta
decree no.
jurisdiction
failed banks tribunal
appellants
high court
financial malpractices
recovery of debts
supervisory jurisdiction
failed banks
banks decree no.
banks tribunal zone
honourable court
lower court
superior court of record
virtue of the provisions of section
writ of habeas corpus
constitution of the federal republic of nigeria
exclusive jurisdiction
issues
notice of appeal
supreme court
above affidavit
appellate jurisdiction
application ex-parte
belgore jsc
consequence of the exercise of powers
coram adesanya j.
court of coordinate jurisdiction
favour of the appellants
federal high court
given case
human rights
ikeja high court
inferior court
judicial review
lagos of the failed banks tribunal
law setting
leading judgment
military exercise governance
notice of preliminary objection
order nisi
orders of a tribunal of competent jurisdiction
ouster provisions
own peculiar method of governance
peculiar circumstances of a military regime
said tribunal
special creature of the military
tribunal acts
tribunal orders
uncertain terms

OGUNTADE, J.C.A. (Delivering the Leading Judgment): On 27-4-98, the appellants were brought before zone 4, Lagos of the Failed Banks Tribunal on a charge of stealing. Their pleas were not taken, and they were remanded at Ikoyi Prisons. The appellants (as applicant(s) brought an application ex-parte at the Ikeja High Court for a Writ of Habeas Corpus to issue against the Respondents. An order Nisi was made in favour of the appellants and the Return Date was 17-7-98.

The appellants as they should do also filed an originating summons for a Writ of Habeas Corpus with a view to getting an order absolute for their release. However on 17-8-98, the respondents filed a notice of preliminary objection wherein they contended:

"(a) That by virtue of the provisions of section 1 (5) of the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree No. 18 of 1994 this Honourable Court does not possess power and or jurisdiction to exercise supervisory or judicial review over the respon…

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