Authored By: Kehinde Esther Ifeoluwa
Lagos State University
1. Case Citation and Basic Information
Case Name: Lakanmi & Anor v. Attorney-General (Western State) & Ors
Citation: (1971) 1 UILR 201
Court: Supreme Court of Nigeria
Date: 24 December 1970
Bench: Ademola CJN, Coker, Lewis, Idigbe, and Madarikan JJSC
2. Introduction
The case of Lakanmi v. Attorney-General (Western State) is a landmark decision in Nigerian constitutional law, particularly on the supremacy of the rule of law and limits of military authority. It arose during the military era and addressed whether the government could confiscate property without judicial review. The case remains important for showing that even under military rule, government powers are not completely unlimited.
3. Facts of the Case
The appellants were investigated by a tribunal for alleged corrupt practices. The tribunal found them guilty and recommended confiscation of their assets. The military government then issued Decree No. 45 of 1968 validating the decision and preventing court review. The appellants challenged this, arguing it violated their rights.
4. Legal Issues
Whether the decree was a valid exercise of legislative power.
Whether it amounted to an exercise of judicial power.
Whether courts could review military decrees.
5. Arguments Presented
Appellants: The decree violated fair hearing and property rights.
Respondents: Military decrees are supreme and cannot be questioned.
6. Court’s Reasoning and Analysis
The Court held that the decree acted as a judicial decision rather than legislation because it targeted individuals. It emphasized that laws must be general and not punitive towards specific persons. The Court also affirmed its power to review such decrees.
7. Judgment and Ratio Decidendi
The Court declared the decree invalid.
Ratio: A law targeting specific individuals and imposing punishment is an exercise of judicial power and is invalid.
8. Critical Analysis
The case shows judicial courage and reinforces the rule of law. However, it was later overridden by another decree, showing the limits of judicial power under military rule.
9. Conclusion
In conclusion, the case emphasizes that government powers are not absolute and highlights the importance of the rule of law in Nigeria.
