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E.O. LAKANMI & ORS V. THE ATTORNEY-GENERAL (WEST) & ORS

(1970) JELR 33695 (SC)

Supreme Court  •  SC.58/69  •  24 Apr 1970  •  Nigeria

Coram
ADEMOLA ADETOKUNBO JSC; GEORGE BAPTIST AYODOLA COKER JSC; IAN LEWIS JSC; CHARLES OLUSOJI MADARIKAN JSC; UDO UDOMA JSC;

Judgement

ADEMOLA, CJN (Delivering the Leading Judgment): This is an appeal from the Western State Court of Appeal which heard and dismissed the appeal of the appellants from the judgment of the High Court of Western State sitting at Ibadan.

The application before the High Court was for an order of certiorari to remove an order dated August 31, 1967, made by Mr. Justice Somolu in his capacity as the chairman of the Tribunal of Inquiry into the assets of public officers of the Western State, into court, for the purpose of being quashed. The order itself which was admitted in evidence as Exhibit B in the certiorari proceedings reads:-

"Order by Assets Tribunal.

1. Under the provisions of section 13(1) of Edict No. 5 of 1967, it is hereby ordered that Mr. E.O. Lakanmi, Kikelomo Ola (his daughter) and all others who may be holding properties on behalf of or in trust for any of them, shall not dispose of or otherwise deal with any of the said properties of whatever nature (i.e., lands, houses, etc.…

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