B. C. Onyuike v. Eastern State Interim Assets and Liabilities Agency (1974)

LawGlobal-Hub Lead Judgment Report

T. O. ELIAS, C.J.N. 

This is an appeal against the judgment of Douglas, J., delivered in the Port Harcourt High Court on March 9. 1973. The judgment is sequel to a motion filed by the defendant/respondent in this appeal praying that the court lacked jurisdiction to entertain the suit on the ground that the action was not maintainable because it was a legislative act of the then Government of Eastern Nigeria that was being challenged.

The plaintiff’s claims in the Port Harcourt High Court are for:

“1. A declaration that the former Eastern Nigeria Edict The Detention (of Persons) Edict. 1966 otherwise known as Edict No.11 and all subsequent amendments thereof and the Eastern Nigeria Notice No. 1304 published thereunder are illegal and of no effect as they contravened Federal Republic of Nigeria-Decrees 1 and 3 of 1966 and Republican Constitution.

2. A declaration that the seizure of the plaintiff.s properties in December 1966 under the orders of the then Military Governor of the then Eastern Nigeria the predecessor of the defendant is illegal. void and of no effect.
3. A return to the plaintiff by the defendant of the under-mentioned anicles or their equivalent value:

Cash…… 2.086: 6: 10.

Consul Corsair Saloon

(Brand New Car) and

its key or its value . . .. . . 995 : – :

Compensation for:

Two 16mm small rolls of

cinema films at 10.000

each or ………………20.000: – :

One 35mm (large) roll of

cinema film at …………….25.000