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The Governor of Delta State & 2 Ors. vs. Olukunle Ogheneovo Edun, Appeal No. CA/B//333/2017 delivered on the 12th day of March, 2021

Before drawing the curtain on this judgment, i need to remind public bodies and public officers that a public body or public officer vested with statutory power must take care not to exceed or abuse its or his power. It or he must keep within the limits of the authority committed to it. This is to prevent arbitrariness and the rule of man rather than the rule of law.

The Vehicle Inspection Officers went beyond the powers vested in them by the Law and the RTR by violently stopping the private vehicle of the Respondent on a public highway using menacing tactics and dangerous implement to demand for certificate of road worthiness which the said vehicle is not required to have. Such conduct sends a wrong signal to the citizens who may adopt such strong-arm tactics as a means of settling disputes."

Per Hon. Justice Joseph Eyo Ekanem (JCA)




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