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CHIEF DR. (MRS.) OLUFUNMILAYO RANSOME-KUTI & ORS. V. THE ATTORNEY-GENERAL OF THE FEDERATION & ORS

(1985) JELR 42572 (SC)

Supreme Court  •  SC.123/1984  •  28 Jun 1985  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; KAYODE ESO JSC; DAHUNSI OLUGBEMI COKER JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Appearances
Tunji Braithwaite, Esq. (with him Dr. Olu Onagoruwa, Tunde Sanu and Femi Delumo) For Appellant Chike Ofodile, S.A.N. (with him M.I.N. Duru, P.S. C. Tunji Daniel, S. C.) For Respondent

Judgement

K. ESO, JSC (Delivering the Leading Judgment): Because of the importance of this case, both in regard to the legal issues involved and the publicity that has attached to it, I will set out the facts of, the issues involved in and the legal submissions thereupon in the case in some considerable detail. I will start with the events that led to the litigation.

The Incident Previous to Litigation:

On 18th February, 1977, at about mid-day, one Segun Ademola, an employee of the 2nd Plaintiff, Fela Anikulapo Kuti, travelled in a landrover belonging to the 2nd Plaintiff, and driven by one Segun Adams along Agege Motor Road. At a point on the road, precisely at Ojuelegba, a military traffic policeman stopped these two people and questioned them as to why their vehicle failed to carry a plate number in the front. The two people told the military policeman that the vehicle had a plate number at the back, but the one which should have been in front was inside the vehicle, near the glass wind-shie…

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