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Chief Humphrey Omorogbe .O. v. Col. S.O.Ogbemudia & Ors

(1973) JELR 36652 (SC)

Supreme Court  •  SC.289/1970  •  26 Apr 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; DANIEL O. IBEKWE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment ): Pursuant to the provisions of section 115 of the Constitution of the Federation, the parties in this case requested the High Court (Benin City) to refer the question of the effect of section 31 of that Constitution on section 10 (2) of the Public Lands Acquisition Law, Cap. 105, Laws of the Western State of Nigeria applicable in the Mid-Western State and, on the 4th September, 1970 Irikefe J. (High Court, Benin City) referred the following questions to this Court, viz

"(a) Whether section 10 (2) ofthe Public Lands Acquisition Law (Cap. 105) Laws of Western State of Nigeria applicable in the Mid-Western State of Nigeria is repugnant or inconsistent with section 31 of the Constitution of the Federation in so far as the said section 10 (2) seeks to abolish after 12 months the rights of a claimant to any estate, rights, interest or compensation to land or interest in land compulsorily acquired by the government of the Mid-Western …

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