Summary of Awolowo v. Usman Sarki & Anor

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Awolowo v. Usman Sarki & Anor

The pff appellant and many other politicians were charged with treasonable felony contrary to S.41 (b) and conspiracy contrary to S. 518 (6) of the criminal code before the honourable justice Sowemimo. While in prison custody, he retained the services of E.F.N Gratiaen QC, a legal practitioner from the UK to lead the team of lawyers for his defense. On arrival at the airport, he was refused entry into Nigeria by the immigration officers acting in the order of the Fed. Minister of internal affairs though all his entry papers are in order. The pff sued for a declaration of his fundamental rights and an injunction restraining the minister from refusing entry of Mr. Gratiaen. The court held interpreting S. 21 (5) (c) CFRN that before an accused person could be represented by a non-Nigerian, such a legal practitioner must be a person not under any disability who could enter Nigeria as of right.

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