RISKUWA SHANAWA VS SOKOTO NATIVE AUTHORITY
September 4, 2025THE QUEEN VS ENEBIENE IJOMA
September 4, 2025Legalpedia Citation: (1962-07) Legalpedia 04047 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Sat Jul 7, 1962
Suit Number: SC 187/1962
CORAM
ADEMOLA, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
1. SIR ADESOJI ADEREMI (Governor of Western Nigeria)
2. ALHAJI D.S. ADEGBENRO
RESPONDENTS
AREA(S) OF LAW
INTERPRETATION OF STATUTES
SUMMARY OF FACTS
The plaintiff instituted an action against the defendant claiming a declaration that the purported removal of the plaintiff as the \Premier of the Western Region is null and void and an injunction restraining the defendant for so holding. Two issues where referred to this Court for determination by the Trial Court.
HELD
The Court held that the Governor cannot validly exercise power to remove the Premier from office under Section 33 subsection 10 of the Constitution of Western Nigeria except in consequence of proceedings on the floor of the House whether in the shape of a vote of no-confidence or of a defeat on a major measure or of a series of defeats on measures of some importance showing that the Premier no longer commands the support of a majority of the members of the House of Assembly
ISSUES
Whether the Governor would be acting in contravention of Section 33(10) of the Constitution of Western Nigeria if he by notice removed the Premier from office without giving him an opportunity of testing his popularity on the floor of the House of Assembly because he (Governor) formed the view that the Premier no longer commanded the support of a majority of members of the House of Assembly
RATIONES DECIDENDI
INTERPRETATION OF SECTION 33(10) OF THE CONSTITUTION OF WESTERN NIGERIA
REMOVAL OF A PRIEMER
CASES CITED
None.
STATUTES REFERRED TO
The Constitution of the Federation
The Constitution of Western Nigeria
