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ELEGUSHI
V.
ATTORNEY-GENERAL, FEDERATION

(2000) JELR 57863 (HC)

High Court 16 Feb 2000 Nigeria
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- The case concerns the constitutionality of the Lands (Title Vesting etc.) Decree No. 52 of 1993 in Nigeria. - The plaintiffs argue that the Decree is unconstitutional and inconsistent with other laws. - The plaintiffs have presented evide

Case Details

Suit Number:FHC/L/669/95
Counsel:Alhaji Femi Okunnu SAN (with him, Chief M. A. Kotun and Mr. Oscar Unasabor) - plaintiffs -*- Mr. Pius Oseh - 1st and 2nd Defendants -*- Mr. J. U. Ihiebe - 3rd Defendants

ODUNOWO J. (DELIVERING THE JUDGMENT): This case is concerned with what is generally regarded as the most abhorrent, controversial and very much criticised piece of legislation known as the Lands (Title Vesting etc.) Decree No. 52 of 1993 which was General Babangida’s parting gift to the nine coastal states of Nigeria, particularly Lagos State where the clamour for its abrogation has been most trenchant. This is so because the said Decree vests the ownership, control and management of all lands within 100 metres limit of the 1967 shoreline of Nigeria and any other land reclaimed from any Lagoon, Sea, Ocean in the Federal Military Government of Nigeria “without any further assurance than this Decree.” (vide sections 1(1) and 2 thereof). And as provided under section 7 of the same Decree the effective commencement date was stated to be 1 January 1975, a date when the military Government of General Yakubu Gowon was still very much in power. 

It is therefore not too surprising that the dis…

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