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Chief D. O. Ereku v. Military Governor Mid-Western State of Nigeria & Ors.

(1974) JELR 37576 (SC)

Supreme Court  •  SC.100/1971  •  31 Oct 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC; DAN IBEKWE JSC;

Judgement

T. O. ELIAS, CJN (Delivering the Leading Judgment ): This is an appeal from the judgment of Obaseki, J., delivered at the High Court, Warri, on March 25, 1970, in which he dismissed the plaintiffs' claims against the defendants. The plaintiffs' claims are as follows:

"(i) A declaration that the Notice of Acquisition and the Compulsory Acquisition under the Public Lands Law of the parcel of land in Igbudu, in Warri Division by the first defendant under Mid-Western Nigeria Notice No. 294 of the 13th of April, 1966, is UNCONSTITUTIONAL, ULTRAVIRES THE PUBLIC LANDS ACQUISION LAW Cap. 105 OF WESTERN REGION, IRREGULAR AND NULL AND VOID.

(ii) An order setting aside the said acquisition under the said Mid-Western Nigeria Government Notice No. 294 of 13th April, 1966, and the said Midwestern Nigeria Government Notice No. 294 of the 13th April, 1966."

The facts of the case are fairly straight-forward and may be summarized briefly as follows. The Government of the Mid-Western State of Nigeria pu…

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