WILLIAMS AKANBI & ORS VS JOSEPH YAKUBU & ORS
August 13, 2025TIKA-TORE PRESS LIMITED VS AJIBADE ABINA & ORS
August 13, 2025Legalpedia Citation: (1973) Legalpedia (SC) 11351
In the Supreme Court of Nigeria
Fri Dec 21, 1973
Suit Number: SC. 173/1971
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
COKER, JUSTICE, SUPREME COURT
BELLO, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
THE HEAD OF THE FEDERAL MILITARY GOVERNMENT AND COMPLAINANT COMMANDER-IN-CHIEF OF THE ARMED FORCES APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicant brought an ex-parte application in which he sought leave to apply for an order of certiorari to quash the revocation of his appointment as a member of the Public Service Commission of the Mid-Western State published in Mid-Western State Legal Notice No. 2 of 1971.
HELD
The Supreme Court held that the application for leave to apply for an order of certiorari cannot be supported. The Court refused to grant the order because the proper procedure for challenging the Governors exercise of his purely administrative power of dismissal of the appellant had not been followed.
ISSUES
Whether certiorari can lie against the Governor in his official capacity
RATIONES DECIDENDI
MEANS OF CHALLENGING THE VALIDITY OF LEGISLATION OR A DOCUMENT IN NEED OF CONSTRUCTION
“An action for a declaration is the appropriate means of challenging the validity of legislation or a document in need of construction. In any case, our Supreme Court Rules provide for seeking from the court the construction of statutes in one of two ways: either on an application by an originating summons or by filing a statement of claim.” Per ELIAS, CJN
USE OF ORDER OF CETIORARI
“This general proposition that certiorari lies only to quash judicial or quasi-judicial acts and not purely administrative acts remains true today, despite Lord Reids criticism of it, (on the quite separate point that, in acting judicially or quasi-judicially, the inferior body or tribunal must observe the principles of natural justice, in the oft-cited case of Ridge v. B. Baldwin (1964) AC 40, at pp. 74-79.” Per ELIAS, CJN
CASES CITED
1. Re Minister of Customary Courts and Chieftaincy Affairs, ex parte Amobidike Eze (1963) 7 ENLR 166
2. Ridge v. B. Baldwin (1964) AC 40
STATUTES REFERRED TO
None
