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CaseLaw

Onuzulike V. CSD Anambra State (1992) CLR 5(a) (CA)

Brief

  • Ministerial exercise of statutory powers
  • Ouster clauses
  • Certiorari
  • Affidavit evidence
  • Interpretation of statutes

Facts

Appellants were officers of Achalla Improvement Union. A public announcement was made on 28th July, 1989 claiming that the Commissioner for Special Duties, Military Governor’s Office Enugu, had dissolved the Union pursuant to the powers conferred o him by S 23B(1) and (2) of the Rural Development Fund Management (Amendment) Edict No. 44 of 1987.

The announcement was signed by A U Chukwurah, (Public Relations Officer, Office of the Commissioner for Special Duties, Military Governor’s office, Enugu).

Appellants brought an action for an order of certiorari quashing the said decision of the commissioner contained in the said public service announcement. Respondents did not file any counter affidavit but contested the action non grounds of law.

The trial judge held that he lacked jurisdiction to entertain the suit and struck it out.

Appellants appealed to the Court of Appeal.

Issues

  • 1
    That the learned judge was wrong to apply the presumption of regularity...
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