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1931 Supreme(SC) 35

Eshugbayi Eleko – Appellant
Versus
Officer Administering the Government of Nigeria and another – Respondent


Advocates Appeared:
Pocock, Solicitor General , W. Wells Palmer, Horace Douglas, Sir Boyd Merriman

Lord Atkin.—

This is an appeal from a decision of the Full Court of the Supreme Court of Nigeria, which dismissed the appellant's appeal from the judgment of Tew, J., discharging what by consent of the parties was deemed to be a rule nisi for a writ of habeas corpus addressed to the respondents. The case has an unfortunate history. The appellant was ordered into custody on 8th August 1925, and though within a few hours he took every legal step to question the validity of his detention, the matter is still before the Courts and as will appear from this judgment, has still to be heard ab initio by the Supreme Court of the Colony. The case has already been before this Board on a refusal by one of the Judges, affirmed by the Supreme Court to hear an application for a rule nisi for habeas corpus on the ground that a similar application had already been heard and determined by another Judge. The Board then decided that the well-established rule that applications in habeas corpus may be made to successive Judges existed in Nigeria, and remitted the case to the Supreme Court. The early history of the applicant's abortive attempts to establish his right to liberty are narrated in the judgmen















































































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