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M. U. O. EZOMO V. ATTORNEY-GENERAL, BENDEL STATE

(1986) JELR 42602 (SC)

Supreme Court  •  SC.65/1985  •  11 Jul 1986  •  Nigeria

Coram
KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; MUHAMMADU LAWAL UWAIS JSC; DAHUNSI OLUGBEMI COKER JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC;

Judgement

ANIAGOLU, JSC Delivering the Leading Judgment): This appeal involves the authority of an Attorney-General of a State to withdraw an appeal which was lodged by a State Government to the Court of Appeal against the judgment of a State High Court; the effect and the binding nature of the Attorney-General's exercise of that authority upon the State Government and the A functionaries of the Ministry of Justice and the validity or otherwise of an interference, by the Solicitor-General of the State and those working under him, with that exercise of the authority by the said Attorney-General. But before I embark upon a resolution of the above, it will be convenient to set out the background facts which have led to these proceedings. Before the coming into office of the civilian government on 1st october 1979 (usually referred to the 2nd Republic) the Military was governing this country. They made spirited and determined efforts to eradicate the endemic social disease (namely corruption) which…

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