Judiciary-Poetry-Logo
JPoetry

ONUS IS ON PARTY TO PROOF CONSENT OF GOVERNOR WAS SOUGHT

Dictum

In my view the learned trial Judge was in grave error when he presumed the validity of Exhibit J without evidence of prior Ministerial approval to it which, for that reason is a nullity. The 1st respondent had no duty to prove that Exhibit J was irregular and void when the appellant did not prove its regularity and validity.

— Wali, JSC. Rockonoh v. NTP (2001) – SC.71/1995

Was this dictum helpful?

SHARE ON

VOID FOR CONSENT OF MILITARY GOVERNOR

In the circumstances of this case, I would, as the two lower courts did, hold that the deed of mortgage dated 5th September, 1980 (marked Exhibit A in these proceedings) executed by the 1st plaintiff in favour of the 1st Defendant bank to secure money owed it by the 2nd plaintiff company (Respondents herein) is null and void, the consent of Military Governor of Lagos State having not been obtained before the execution of the Deed.

– Nnamani, JSC. Savannah v. Ajilo (1989)

Was this dictum helpful?