IBEZIAKO V. C 0 P

• Pages: 47-54

IBEZIAKO V. C.O.P.



47

through whom such Public Authority acts to put on the cloak provided by such Or-

dinance in order to enter into private contracts to the benefit of such member or

members. I therefore hold that the defence does not avail the 1st respondent body,

and it is not necessary for me to consider the other two points raised by Learned

5



Counsel for the appellants.

In my view this appeal must succeed, the decision of the Court below is here-

by set aside, and the following order is proposed:-

(1)

The deed of "Concession" dated the 6th January, 1954, and registered as

10



No. 16 at page 16 in Volume 54 of the Register of Deeds, Lands Registry,

lbadan, is hereby set aside.

(2)

An account of all profits derived by the 2nd respondent pursuant to and by

virtue of the said deed as from the said 6th January, 1954, to the date of this

Judgment be rendered by the 2nd respondents within 90 days of this Judg-

15



ment.

(3)

All profits found to have been made by the said 2nd respondents are to be

paid into the Ife Divisional Council Treasury.

(4)

An injunction is granted restraining the 2nd respondents from further acting

under the said Deed of Concession.

20

The Appellants are entitled to their costs in this Court which

I

make payable by

the 2nd respondents only in the sum of 60 guineas and in the Court below at

£290:0s:Od, i.e., 250 guineas plus out-of-pocket expenses of £27:10s:Od. I also

order that the expenses of the taking of the account be borne wholly by the 2nd

25 respondents.

Appeal allowed.

30



IBEZIAKO V. C.O.P.

EMMANUEL IBEZIAKO

35



V

COMMISSIONER OF POLICE

FEDERAL SUPREME COURT.

ADEMOLA,



C.J.F.

40



BRETT,



F.J.

TAYLOR,



F.J.

BAIRAMIAN,



F.J.

28th January, 1963.

APPELLANT

RESPONDENT

SUIT NO. FSC 329/1962

45



Legislation - Constitution of the Federation, 1960, s. 21(4) - Criminal Procedure

Ordinance, Cap.43, s. 162. s. 163, s. 304(2), and s. 332 - Northern Nigeria

- Criminal Procedure Code, 1960, s. 160(1).

Criminal Procedure - Magistrate hearing some prosecution evidence and himself

50





framing charge - Constitutional Presumption of Innocence - Whether procedure

objectionable (Northent Nigeria).