EUGENE MASSANGO NGOH VS MOSES NGONJA NDOKE AND ANOR
September 10, 2025CHIEF AMINU ARE VS ATTORNEY-GENERAL WESTERN REGION
September 10, 2025Legalpedia Citation: (1960-04) Legalpedia 41845 (SC)
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Wed Apr 20, 1960
Suit Number: SC 207/1959
CORAM
ADEMOLA, JUSTICE SUPREME COURT
ABBOTT, JUSTICE SUPREME COURT
HUBBARD, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE GOVERNOR OF THE WESTERN REGIONOF NIGERIA
RESPONDENTS
AREA(S) OF LAW
CHIEFTANCY LAW – JURISDICTION-ORDER OF CERTIORARI
SUMMARY OF FACTS
The appellant was deposed by the Governor and sought to quash the Governor’s order of approval and recognition of the appointment of Amusa Momoh as the Olukare of Ikare. He did not challenge his deposition.
HELD
The court held that he was not an aggrieved person who can bring the application and that the jurisdiction of the court is ousted.
ISSUES
1. Whether the appellant, having be deposed as the Olukare of Ikare and having not challenged his deposition, is competent to file this application.
2. Whether in view of section 34 of the Western Region Appointment and Recognition of Chiefs Law, the court had jurisdiction to entertain the application for certiorari.
RATIONES DECIDENDI
THE PURPORT OF SECTION 34(1) OF THE WESTERN REGION APPOINTMENT AND RECOGNITION OF CHIEFS LAW.
‘section 34(1) of the Western Region Appointment and Recognition of Chiefs Law, oust the jurisdiction of the court to inquire into the act of the Governor in appointing chiefs.’ Per Hubbard, Ag. F.J
CASES CITED
1. re: Joseph Suche and Co. Ltd. (1875) 1 Ch.D. 48
2. Nakkuda Ali v. Fayaratne (1951) A.C. 66
STATUTES REFERRED TO
Western Region Appointment and Recognition of Chiefs Law
The Administration of Justice (Crown Proceedings) Law, 1959
