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GOVERNOR OF KWARA STATE THE ATTORNEY-GENERAL OF KWARA STATE CHAIRMAN, PUBLIC FUNDS RECOVERY PANEL COMMISSIONER OF POLICE V. ALH. MOHAMMED SHAABA LAFIAGI

(2004) JELR 52558 (CA)

Court of Appeal  •  CA/IL/22/2001  •  7 May 2004  •  Nigeria

Coram
ABOYI JOHN IKONGBEH JCA (Presided) WALTER SAMUEL NKANU ONNOGHEN JCA JA’AFARU MIKA’ILU JCA (Read the Lead Judgment)

Appearances
O. A. Olorundare Esq., - for the Appellants. -*- Aderinsayo Adewunmi Esq., - for the Respondent.

Judgement

MIKA’ILU JCA, (Delivering the Lead Judgment): By way of writ of summons, the respondent in this case instituted action at the Federal High Court, Ilorin, against the appellants claiming for the following reliefs:

A declaration that the order issued by the Chairman of Kwara State Public Funds and Other Property (Recovery) Panel set up by the Kwara State Government made under Suit No. KWS/RP/02/97 dated 24th November, 1997, and the house/ property of the plaintiff at No. 17, Ukpabi Asika Road, and Umoru Audi Road, G.R.A Ilorin respectively, is ultra vires , null and void and of no effect. A declaration that the said order of the panel of the 3rd defendant dated 24th November, 1997, be set aside as null and void as it is ultra vires the provision of section 12(1) of Edict No. 2 1985 as amended by Edict No. 1 of 1994. A declaration that the order of the panel stating that the defendant, Alhaji Mohammed Shaaba Lafiagi is hereby ordered to p ay th e s um of N24, 638, 449 to the Kw ar a…

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