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EREKU
V.
MILITARY GOVERNOR, MID-WESTERN STATE OF NIGERIA & ORS.

(1974) JELR 37576 (SC)

Supreme Court 31 Oct 1974 Nigeria
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- This is an appeal from a judgment in which the plaintiffs' claims against the defendants were dismissed. - The plaintiffs claimed that the acquisition of land by the first defendant under the Public Lands Law was unconstitutional, irregul

Case Details

Suit Number:SC.100/1971
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams (with him, Mr. O.N. Rewane,Mr. S.A. Ajuyah and Mr O.A. Williams) For Appellant Mr. E.O. Azomani, Principal State Counsel, Mid-Western State (with him, Mr. A.I. Onyeayana, State Counsel) for the 1st, 2nd and 3rd RespondentsMr. Yinka Ayoola ( with him, Mr. K. Dugbo) for the 4th Respondent For Respondent
Other Citations:(1974) All N.L.R 695 (1974) 10 S.C. 42

T. O. ELIAS, CJN (Delivering the Leading Judgment ): This is an appeal from the judgment of Obaseki, J., delivered at the High Court, Warri, on March 25, 1970, in which he dismissed the plaintiffs' claims against the defendants. The plaintiffs' claims are as follows:

"(i) A declaration that the Notice of Acquisition and the Compulsory Acquisition under the Public Lands Law of the parcel of land in Igbudu, in Warri Division by the first defendant under Mid-Western Nigeria Notice No. 294 of the 13th of April, 1966, is UNCONSTITUTIONAL, ULTRAVIRES THE PUBLIC LANDS ACQUISION LAW Cap. 105 OF WESTERN REGION, IRREGULAR AND NULL AND VOID.

(ii) An order setting aside the said acquisition under the said Mid-Western Nigeria Government Notice No. 294 of 13th April, 1966, and the said Midwestern Nigeria Government Notice No. 294 of the 13th April, 1966."

The facts of the case are fairly straight-forward and may be summarized briefly as follows. The Government of the Mid-Western State of Nigeria pu…

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