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THE MISCELLANEOUS OFFENCES TRIBUNAL & ANOR
V.
OKOROAFOR & ANOR

(2001) JELR 46662 (SC)

Supreme Court 19 Oct 2001 Nigeria
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- The case involves pharmacists arrested for manufacturing fake drugs and their application for an order of prohibition and certiorari against the Miscellaneous Offences Tribunal. - The Court of Appeal held that the ouster clause limiting t

Case Details

Suit Number:SC.31/1997
Judges:GODWIN ADOLPHUS KARIBI-WHYTE JSC EMMANUEL OBIOMA OGWUEGBU JSC ANTHONY IKECHUKWU IGUH JSC ALOYSIUS IYORGYER KATSINA-ALU JSC AKINTOLA OLUFEMI EJIWUNMI JSC
Counsel:Chiesowu Okpoko, Esq. (Legal Officer, Federal Ministry of Justice,) - for the Appellants For Appellant Inam Wilson, Esq. - for the Respondents For Respondent

EJIWUNMI, J.S.C (Delivering the Leading Judgment): In this appeal which emanated from the Court of Appeal (Lagos Division), questions with regard to whether the Lagos High Court has supervisory jurisdiction over inferior tribunals, such as the Miscellaneous Offences Tribunal that was set up under and by virtue of Decree No. 20 of 1984 (as amended) have been raised.

The matter apparently came before the Court of Appeal in this manner. The respondents to this appeal were pharmacists. On the 29th June, 1989 they were arrested and detained upon an allegation that they were involved in the manufacture of fake and adulterated drugs. Later, on the 15th September, 1989, they were brought before the Miscellaneous Offences Tribunal where they were charged with possession of adulterated drugs. They were then remanded in prison custody from that date, namely 15th September, 1989. They were so remanded in prison custody until the 15th of November 1990, when bail was granted to them.

The responden…

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