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INCORPORATED TRUSTEES OF NIGERIAN BAPTIST CONVENTION & ORS
V.
GOVERNOR OF OGUN STATE & ORS

(2016) JELR 42323 (CA)

Court of Appeal 18 Mar 2016 Nigeria
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This case involves an appeal against a judgment of the Ogun State High Court regarding the application of the Education (Post Primary Institution) (Special Provisions) Law. The appellants, who were the original owners of various post-primar

Case Details

Suit Number:CA/I/34/2013
Judges:HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:Mrs. Doyin Rhodes-Vivour with A. Onwaeze, Esq. and Rilwan Ali, Esq. For Appellant Mrs. Abimbola Akinsanya (A.C.S.C; Ogun State Ministry of Justice) For Respondent

HARUNA S. TSAMMANI, JCA (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the Ogun State High Court, Abeokuta Judicial Division, delivered by Hon. Justice N. I. Saula on the 21st day of December, 2011.

By an Originating Summons dated the 22/6/2011 and filed the 23/6/2011, the Appellants on record, who were plaintiffs, placed before the Court below, the following questions for determination:

1. Whether it is unlawful for the 2nd Defendant in the exercise of its powers under Section 5 of the Education (Post Primary Institution) (Special Provisions) Law, Cap. 36 Laws of Ogun State of Nigeria, to have directed that the provisions of the said Law shall not apply to the various schools returned to the Claimants vide letters dated 15th October, 2010 (particulars of which are set out in the schedule here under) and other letters and Agreements entered into between each of the Claimants and the 1st 3rd Defendants.

2. Whether it is lawful for the 1st, 2nd and 3rd Defendants…

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