COMPTROLLER, NIGERIAN PRISONS SERVICES, IKOYI, LAGOS & ORS V. DR. FEMI ADEKANYE & ORS
(2002) JELR 35855 (SC)
Supreme Court
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SC.183/1999
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12 Jul 2002
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Nigeria
Coram
SALIHU MODIBDO ALFA BELGORE JSC
IDRIS LEGDO KUTIGI JSC
SYLVESTER UMARU ONU JSC
ALOYSIUS IYORGYER KATSINA-ALU JSC
AKINTOLA OLUFEMI EJIWUNMI JSC
Appearances
Nnaemeka Ngige, Esq. (with him, O. A. Egwuatu, Esq.) For Appellant
Dickson D. I. Osuala, Esq. For Respondent
Judgement
<p><br></p><p><strong>S.M.A. BELGORE, JSC (Delivering the Leading Judgment):</strong> The appellant, Comptroller, Nigerian Prisons Service, was before the High Court of Lagos by way of an application before the court under habeas corpus for the alleged offences under Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree, 1994. The decree provides for bail in exceptional circumstance as provided in s. 26(2) thereof. The conditions for bail, admittedly draconian, could perhaps not be met by the respondents and this led to their choice of High Court to pray for their freedom under habeas corpus proceedings. All the respondents were standing trial in various zones of the tribunals set up purposely under the decree aforementioned. The decree in part II provides for recovery proceedings to be initiated by receiver or liquidator appointed by Central Bank of Nigeria or the Nigerian Deposit Insurance Corporation before the tribunal. The decree provides for jurisdiction exclusively before the tribunal o…</p>