Chief Adebiyi Adejumo v. H. E. Col. Mobolaji O. Johnson, Military Governor of Lagos Stat (1972)

LawGlobal-Hub Lead Judgment Report

G. B. A. COKER, J.S.C. 

This ruling is concerned with a notice of preliminary objection to the hearing of the appeal in a matter in which an order of His Excellency Colonel Mobolaji Johnson, Military Governor of Lagos State (hereinafter referred to as the respondent) has been challenged.

The details of the proceedings in the substantive matter are apparently not directly relevant to the issue culminating in this ruling but it is necessary to appreciate some of those details for a clear understanding of the legal position.

It appears that some time in 1969 and pursuant to the provisions of section 4(1) of the Investigation of Assets (Public Officers and Other Persons) Decree 1968, No. 37 of 1968, the respondent had set up a Commission of Enquiry to enquire into the assets of some public officers then employed at the L. E. D. B. One Adenrele Adejumo was one of such officers and the present appellant, Chief Adebiyi Adejumo, is his father. In due course,the aforesaid Commission of Enquiry made a report which was subto the Governor of Lagos State and subsequently a Government White Paper was published in respect thereof.

The report of the Enquiry contained a number of recommendations but those relevant for the purpose of the present case are set out in the Order made and signed by the respondent to which we will shortly refer. By virtue of powers conferred upon the respondent and in particular by virtue of section 8(3) of the Decree No. 37 of 1968, the respondent made an Order. Section 8(3) of Decree No. 37 of 1968 reads as follows:

“8. (3) The appropriate authority may make an order for the forfeiture of any assets of any public officer or other person, no matter howsoever or whensoever acquired, of the assets whereby such public officer or other person has corruptly or improperly enriched himself or another person, or in such form that they could have been made the subject of an order of forfeiture under subsection (1) or (2) of this section.”

It is expedient to quote in full the Order which was challenged in the High Court so that the implications of this matter could be fully appreciated:

“L.S.L.N. No. 13 of 1969.

Page B 33

INVESTIGATION OF ASSETS (PUBLIC OFFICERS AND OTHER PERSONS) DECREE 1968 The Public Officers and Other Persons (Forfeiture of Assets) Order 1969.

Commencement: 23rd July, 1969

In exercise of the powers conferred by section 8 of the Investigation of Assets (Public Officers and Other Persons) Decree 1968 and of all other powers enabling him in that behalf, the Military Governor of Lagos State, acting with the consent of the Head of the Federal Military Government, hereby makes the following Order:

1. The respective assets of the Public Officers and Other Persons specified in the Schedule hereto are hereby forfeited and shall, without any further order or assurance, be vested in the Military Governor of Lagos State to be held by him on behalf of or in trust for the Government of the Lagos State of Nigeria.

(Forfeiture and vesting of assets Schedule).

2. The Registrar of Titles or any other persons in charge of registration of land, instruments or deeds shall as soon as may be, removed from the relevant register the names of the Public Officers or Other Persons in whose names the landed properties forfeited in pursuance of this Order are registered and substitute therefore the name of the Military Governor of Lagos State. (Registration of landed properties forfeited).
3. Nothing in this Order shall be construed as purporting to derogate from the provisions of any Act or Decree relating to the transfer or vesting of any class of assets, and such measures as may be necessary in accordance with those provisions shall be taken to ensure the vesting of such asset in the Military Governor of Lagos State for the benefit of or in trust for the Government of the Lagos State of Nigeria in accordance with the provisions of this Order. (Saving in respect of certain classes of assets).
4. This Order may be cited as the Public Officers and Other Persons (Forfeiture of Assets) Order, 1969. (Citation).

SCHEDULE