DR. MATHIAS OKO OFFOBOCHE V. OGOJA LOCAL GOVERNMENT & ANOR
(2001) JELR 49395 (SC)
Supreme Court
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SC.139/1996
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13 Jul 2001
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Nigeria
Coram
EMMANUEL OBIOMA OGWUEGBU JSC;
ANTHONY IKECHUKWU IGUH JSC;
ALOYSIUS IYORGYER KATSINA-ALU JSC;
UMARU ATU KALGO JSC;
EMMANUEL OLAYINKA AYOOLA JSC;
Appearances
Chief Assam E. Assam - for the Appellant For Appellant
Paul Erokoro, Esq. - (with him, Charles Ogon Esq., Ifuse Onigu Okiti (Miss) and B.C. Oboi, Esq.) - for the Respondents For Respondent
Judgement
<p><strong>AYOOLA, J.S.C. (Delivering the Leading Judgment): </strong>Sometime in or about 1974, the Federal Military Government through the Ministry of Defence acquired a substantial parcel of land along Okuku-Ogoja road in Ogoja for the purpose of Ogoja Army Cantonment. The appellant, Dr. Mathias Offoboche, who owned a part of the land acquired, was given a power of attorney by persons who, on the face of it, were representatives of some communities which owned another portion of the land acquired. By a letter dated 13th September, 1988 the Ministry of Defence ("the Ministry") wrote to the Chairman of the Ogoja Local Government Area, Ogoja asking for confirmation of competence of donors of power of attorney to the appellant in respect of the acquired land. The 2nd respondent, Mr. Joseph OkoAgabi, was the Chairman of the Local Government at the material time. By his letter of 27th September, 1988, he as the Chairman of Ogoja Local Government, in reply to the request, wrote to the Ministry confirming thaβ¦</p>