Court of Appeal · 15 Jun 1999 · Nigeria
Effiom v. Director of Prisons (1999) 14 NWLR (Pt. 638) 330
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
failed banks tribunal
recovery of debts
banks decree no.
banks tribunal zone
superior court of record
virtue of the provisions of section
writ of habeas corpus
constitution of the federal republic of nigeria
notice of appeal
consequence of the exercise of powers
coram adesanya j.
court of coordinate jurisdiction
favour of the appellants
federal high court
ikeja high court
lagos of the failed banks tribunal
military exercise governance
notice of preliminary objection
orders of a tribunal of competent jurisdiction
own peculiar method of governance
peculiar circumstances of a military regime
special creature of the military
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…