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EZOMO
V.
ATTORNEY-GENERAL, BENDEL STATE

(1986) JELR 42602 (SC)

Supreme Court 11 Jul 1986 Nigeria
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- This case involves the authority of an Attorney-General of a State to withdraw an appeal lodged by a State Government against a judgment of a State High Court. - The Attorney-General filed a notice of withdrawal of the appeal in the High

Case Details

Suit Number:SC.65/1985
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
Counsel:S. A. Asemota with him J. A. A wolade and B. U. Obietan For Appellant T. Akomolafe Wilson (Mrs.) Principal Counsel, Bendel State For Respondent
Other Citations:Ezomo v. A.G. Bendel (1986) NWLR (Pt. 36) 448

ANIAGOLU, JSC Delivering the Leading Judgment): This appeal involves the authority of an Attorney-General of a State to withdraw an appeal which was lodged by a State Government to the Court of Appeal against the judgment of a State High Court; the effect and the binding nature of the Attorney-General's exercise of that authority upon the State Government and the A functionaries of the Ministry of Justice and the validity or otherwise of an interference, by the Solicitor-General of the State and those working under him, with that exercise of the authority by the said Attorney-General. But before I embark upon a resolution of the above, it will be convenient to set out the background facts which have led to these proceedings. Before the coming into office of the civilian government on 1st october 1979 (usually referred to the 2nd Republic) the Military was governing this country. They made spirited and determined efforts to eradicate the endemic social disease (namely corruption) which…

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