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M. BELLO, CJN (Delivering the Leading Judgment): The plaintiff is a renowned public officer and from 1964 to 1966 was the Premier of the then Mid-Western Nigeria, now Bendel State. In January, 1966 the Military overthrew the Federal and Regional Governments and established a Military Regime in which a Military Governor was appointed to administer the Mid-Western Nigeria and to make laws for the peace, order and good government of the Region in accordance with the provisions of the Constitution (Suspension and Modification) Decree 1966.
In June 1966, the National Military Government enacted the Public Officers (Investigation of Assets) Decree, 1966 which inter alia under section 5 empowered the Military Governor of a Region to appoint a tribunal of inquiry to enquire whether or not specified public officers had corruptly or improperly enriched themselves or any person by virtue of their offices or by abuse of their offices. The Decree further empowered the Military Governor to forfeit…