ABIGAIL FOLASHADE VS ALHAJI A. A. O. DUROSHOLA
September 8, 2025Legalpedia Citation: (1961-02) Legalpedia 87747 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Feb 23, 1961
Suit Number: SC.23/1960
CORAM
ADEMOLA, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE QUEEN
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
ADMINISTRATIVE LAW – CERTIORARI
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The district officer in exercise of his powers to review native court decisions joined a party who was not originally a party to the case he was reviewing and gave judgment in his favour.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the district officer acted without jurisdiction and that an order of certiorari will lie to quash the proceedings.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
1. Has the District Officer exceeded his powers or the jurisdiction conferred upon him under section 28 of the Native Courts Ordinance.
2. So, was an order for certiorari the appropriate remedy in such a case giving that the appellant could appeal to a Resident.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CERTIORARI
‘Certiorari will lie to persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially.’ Per Ademola C.J.F
CERTIORARI
Certiorari will lie to the tribunal if the tribunal exceeds its jurisdiction, and equally if the tribunal gives a decision which the Court conceives to be bad on the face of the decision.’ Per Ademola C.J.F
CERTIORARI
‘Although when an alternative remedy is available, certiorari will not be granted, it is nevertheless granted when that alternative remedy means going to some other tribunal where the appellant is not likely to get help to remedy the injustice done to him.’ Per .’ Per Ademola C.J.F
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
R. v. Electricity Commissioners, Ex parte London Electricity Joint Committee Co. (1920) Ltd. (1924) 1 K.B. 171, C.A. at pp. 204 and 205.
R. v. Minister of Health; Ex parte Davies (1929) 1 K.B. 619
R. v. London County Council, Ex parte Entertainments Protection Association Ltd. (1931) 2 K.B. 215. C.A. at pp. 233
R. v. Wandsworth Justices ex pane Read (1942) 1 K.B. 281 at p. 285; (1942) 1 ALL. E.R. 56 at p. 58.
STATUTES REFERRED TO
Not Available
