D.P.P. V. AKOZOR.

• Pages: 163-167

D.P.P. V. AKOZOR.

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163

of public policy for an agreement of alienate to be treated as illegal. Public pol-

icy can be adequately safeguarded by the Government's power of revocation and

right of re-entry previously mentioned. In these circumstances I would hold that

the contract was not illegal. The reference in Maxwell referred to above also deals

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with the question of a contract being treated as voidable but this issue does not

arise in this appeal.

For these reasons I am of the opinion that it was not open to the defendant in

the circumstances of this case, to rely upon his own wrongful act so as to allege,

as against the plaintiff, that the agreement of tenancy was null and void and unen-

10

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forceable under s.11 of the Land and Native Rights Act. The agreement was not

illegal.

In the course of argument in this appeal mention was made of a recent deci-

sion of the Privy Council in a case from East Africa where the Judicial Committee

considered the position under the Kenya Crown Lands Ordinance between the sig-

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ning of an agreement of alienation and the Governor's consent to the alienation.

The case is

Denning v. Edwardes

(1961) A.C. 245, and the Judicial Committee

held under the wording of the Kenya law and circumstances of the case that the

agreement was not void

ab initio,

but it remained inchoate pending the consent of

the Governor.

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The appeal succeeds. There are other issues to be decided in this case and I

consider that the proper order is an order for retrial. I would accordingly allow

the appeal and order the case to be retried before another Judge of the High Court.

The appellant is entitled to costs in this Court which I would assess at 37 guineas.

The order as to costs in the High Court is set aside and the costs in that Court

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should abide the event and be fixed at the conclusion of the further hearing.

Ademola, C.J.F. I

concur.

Taylor, F.J. I

concur.

Appeal allowed: Retrial ordered.

D.P.P„ V. AKOZOR.

DIRECTOR OF PUBLIC PROSECUTIONS



COMPLAINANT

V

MICHAEL AKOZOR



RESPONDENT

SUIT NO. FSC 406/1961

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FEDERAL SUPREME COURT

BRETT,



F.J.

UNSWORTH,



F.J.

TAYLOR,



F.J.

April 27th, 1962.

45

Constitutional Law - Reference to Federal Supreme Court under section 108,

constitution of the Federation from the Magistrate Court - Right of private

legal practitioner to appear on behalf of D.P.P. - With or without a member

of his staff - (Nigeria Constitution) - Order - in Council 1960 2nd Schedule

50

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-

Federal Supreme Court Rules, 1961 0. VI & 1.

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