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STITCH
V.
AG FEDERATION & ORS.

(1986) JELR 45816 (SC)

Supreme Court 12 Dec 1986 Nigeria
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- The central issue of the case is whether the exercise of ministerial discretion by a Nigerian government minister, without providing reasons, can be reviewed by the courts. - The woman imported a car into Nigeria and applied for an import

Case Details

Suit Number:SC.88/1985
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:G.O.K. Ajayi Esqr. S.A.N. with him Miss A. Makinde, Miss A. Adaramaja and L. Adenekan For Appellant Miss T. O. Akerele, Legal Adviser, Board of Customs & Excise, with M. N. Osaje and Miss A. O. Adesida- for 1st &. 2nd RespondentsMiss O. O, Olopade, Principal State Counsel, Ogun State- for 3rd RespondentF. T. O. Akinsanya, Esqr.-for the 4th Respondent For Respondent
Other Citations:Stitch v. A.-G. Federation (1986) NWLR (Pt.46)1007

ANIAGOLU, JSC (Delivering the Leading Judgment): The central issue in this appeal concerns the exercise by a Minister of the Federal Government of Nigeria of his Ministerial discretion - all exercise to which no reasons were attached - and whether the courts in order to do justice, can review that exercise of discretion the non-giving of reasons by the Minister notwithstanding.

The case (aptly described in a letter dated 19th December, 1985 from the Office of the Chief of General Staff as "pathetic") from which this appeal emanated from the Court of Appeal, was begun on 23rd September, 1982 with a Writ of Summons, in the then Federal Revenue Court, in Suit FHC/L/102/1982, issued by the Appellant. MARGARET CHINYERE STITCH, against the Attorney-General of the Federation and the Board of Customs and Excise. The claim reads:-

"The Plaintiff" claim again the Defendants for:

1. A Declaration that the action of the Ministry of Commerce in suspending the issuing of Import Permits some three w…

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