ONWEMWUNO AKO V. PETER EJEKWEMU
August 6, 2025MADAM ALAKE AROYEWUN V. JOSEPH ADEBANJI
August 6, 2025Legalpedia Citation: (1976) Legalpedia (SC) 31710
In the Supreme Court of Nigeria
Fri Nov 19, 1976
Suit Number: SC. 196/1973
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IDIGBE, JUSTICE, SUPREME COURT
NASIR, JUSTICE, SUPREME COURT
PARTIES
ATHANASIUS KALADA HART APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was indicted by the public service commission for abuse of office. The commission found him guilty based on his written defence to the commission. The governor thereafter dismissed him from service on the recommendation of the commission. His application for certiorari was dismissed.
HELD
The court held that the commission has acted fairly and certiorari would not lie against them but it would lie against the decision of the governor as the latter has no power to dismiss.
ISSUES
Whether an order of certiorari ought not to lie against the proceedings of the commission
Whether the applicant has been rightly dismissed from service
RATIONES DECIDENDI
REMOVAL OF A PERMANENT SECRETARY
A close perusal of the provisions of Sections 64(1) and 67(1) of the Constitution referred to above shows clearly that while the power to remove a permanent secretary from his duty post as permanent secretary is in the Military Governor of the State, the power to dismiss him as public officer from the public service of the State or to exercise disciplinary control over him as such public officer is vested by the Constitution in the Public Service Commission of the State… FATAYI-WILLIAMS, JSC
JUDICIAL FUNCTIONS OF AN ADMINISTRATIVE BODY
the earlier view of the law is that an administrative body, in ascertaining facts, may be under a duty to act judicially notwithstanding that its proceedings have none of the formalities of, and are not conducted in accordance with, the practice and procedure of a court of law. It is enough if it is exercising judicial functions in the sense that it has to decide, on the materials before it, between an allegation and a defence. ..The modern concept which, however, commends itself to us, is that the duty placed on such a body is to act fairly in all such cases… FATAYI-WILLIAMS, JSC
CASES CITED
Local Government Board v. Arlidge (1915) AC 120
Adedeji v. Police Service Commission (1968) NLR 102)
R.v. Manchester Legal Aid Committee Ex parte
R.A. Brandy & Co. Ltd. (1952) 1 All ER 480 at p.489
Board of Education v. Rice (1911) AC 179 (H.L.) at p.182
Reg. v. Gaming Board for Great Britain, Ex parte Benaim and Khaida (1970) 2 QB 417
Re Pergamon Press Ltd. (1971) Ch.388 (C.A.)
R.v. Electricity Commissioners (1924) 1 KB 171 at pp. 204-205)
R. v. Boycott & Ors. Ex parte Keasley (1939) 2 KB 651)
The King v. Minister of Health, ex parte Yaffe (1930) 2 KB 98
STATUTES REFERRED TO
The Constitution of the Rivers State
