CHAIRMAN, L.E.D.B. V. SAID & ORS

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NIGERIAN SUPREME COURT CASES

[1967] N.S.C.C.

CHAIRMAN, L.E.D.B. V. SAID & ORS.

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5

CHAIRMAN, LAGOS EXECUTIVE

DEVELOPMENT BOARD

V.

JAMIL SAID AND OTHERS

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

B R ETT,

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J.S.C.

AJEGBO,

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J.S.C.

COKER,

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J.S.C.

LEWIS,

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J.S.C.

9th February, 1967

APPELLANT

RESPONDENT

SUIT NO. SC 340/1966

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Compulsory acquisition - compensation - Lagos Town Planning (Compensation)

Act, 1964 - Constitution of the Federation - Alteration - Planning Act

withholding compensation in certain cases contrary to section 31 of the

Constitution enacted by procedure for altering provisions of the Constitution

- Validity of Act - Interpretation - Ordinary grammatical usage of 'and'

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Words and Phrases - 'and' in section 6(b) of the 1963 Constitution.

ISSUES:

1.

Whether an Act purporting to alter the Constitution must have a preamble

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indicating to members of Parliament that it is an Act intended to amend the

Constitution.

2.

Whether an act amends the constitution merely because the procedure laid

down in section 4 of the constitution (the section laying down the procedure

for alteration) is adopted in passing it.

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3.

Whether a suspension or repeal of an existing constitutional provision without

making different provisions and without an express suspension or repeal of an

existing provision amount to an alteration.

FACTS:

The following question on the interpretation of the Constitution of the Feder-

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ation were formulated and referred to the Supreme Court in accordance with the

provisions for such reference under section 115(2) of the constitution, namely:-

"in spite of the fact that section 4 of the 1963 Constitution has been complied

with in passing the Lagos Town Planning (Compensation) Act, 1964:

1.

Is the Act inconsistent with the provision of section 31(2)(c) of the Constitu-

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tion?

2.

If so, is the Act an amendment of the Constitution when nothing in its pre-

amble indicated to members of parliament that it was a bill intended to

amend the Constitution?

3.

Is the Act valid?

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Section 4 of the 1963 Constitution lays down the procedure for altering

provisions of the Constitution.

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Section 31(1) prohibits the compulsory

acquisition of property without adequate compensation and section 31(2)(c) in

effect renders invalid an amending law made after March 1958 which makes