Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ELEGUSHI
V.
ATTORNEY-GENERAL, FEDERATION

(2000) JELR 57863 (HC)    

High Court  ·  FHC/L/669/95 ·  16 Feb 2000 ·  Nigeria

Ratio Decidendi

Core Terms Beta
decree no.
constitution of the federal republic of nigeria
court
lands
plaintiffs
african charter
mr. haruna
constitution of the federation
existing law
lagos state
learned counsel
ultra vires
2nd defendants
3rd defendant
esimikan family
national assembly
said decree
transitional provisions
peoples rights
1st january
cross river states
federal military government of nigeria
governor of lagos state
legal effect
legislative powers
local government area of lagos state
shoreline of nigeria
attorney general
boundaries of lagos
coastal states of nigeria
families
first witness
law court
long list
management of all lands
military government of general yakubu gowon
mr. olatunde alghali kasim
notice of issues
onisiwo of lagos
oral evidence
plaintiffs’ counsel alhaji femi okunnu
plaintiffs’ lands
prince adesoji ajose
purported allocation of state land
south west essex technical college
subject matter of this case
true copy of the judgment of ajeromi grade
vest title of such lands
virtue of the land use act

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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