LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Military Decrees — Nullification of Judicial Decisions — Revival of Forfeiture Orders
PRINCIPLE STATEMENT
By Decree No. 28 of 1970, the judgment of the Supreme Court (in Exhibit 2) was null and void. This revived Decree No. 45 of 1968 and Edict No. 5 of 1967, which continued to apply until otherwise repealed.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in Lakanmi v. Adene & Ors (2003) NLC-251999(SC) at p. 10; Paras B–C.
"By this provision [Decree No. 28 of 1970], the judgment of the Supreme Court as from the 24th of April, 1970, in Exhibit 2, was null and void and of no effect whatsoever. This clearly means that Decree No. 45 of 1968 and Edict No. 5 of 1967 were revived and shall continue to apply in the normal way, until otherwise repealed."
EXPLANATION / SCOPE
Military decrees could nullify judicial decisions. The principle applies to constitutional law under military regimes. The nullification revived previously ousted laws. The rule is specific to military decrees. The court must give effect to the decree. The principle is well-established.
