Ratio Decidendi


(1963) JELR 39752 (SC)    

Supreme Court  ·  F.S.C.187/1962 ·  28 Oct 1963 ·  Nigeria
Other Citations
Adegbenro D.S v. Akintola S.L (1963) A.N.L.R 305
ADEMOLA ADETOKUNBO C.J.N Justice of The Supreme Court of Nigeria BAIRAMIAN Justice of The Supreme Court of Nigeria JOHN IDOWU CONRAD TAYLOR Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
unusual result
judgement of the court
alhaji adegbenro
chief akintola
federal supreme court
unusual case
high court of the western region
privy council
last paragraph of the judicial committee
governor of the western region
constitution of western nigeria
last year
costs of this appeal of the defendant alhaji adegbenro
constitutional questions
high court
present case
said federal supreme court
10th edition
favour of chief akintola
present application
office of premier
amendment law
constitutional amendment
right of persons
decision of the federal supreme court
favour of chief adegbenro
hon. s. l. akintola
original text of the proviso
valid legal position
hearing of his application
judgment of the high court
reasonable doubt
27th may
mention of the suit

BAIRAMIAN, JSC (delivering the judgement of the Court):- This is an application by Alhaji Adegbenro for costs against Chief Akintola. It arises in this way.

Last year in May, the then Governor of the Western Region (Sir Adesoji Aderemi) removed Chief Akintola from the office of Premier and appointed Alhaji Adegbenro to be the Premier. It is enough here to say that the removal was not in consequence of any resolution in the House of Assembly. Chief Akintola then sued them both, claiming that he had been wrongfully removed.

The High Court of the Western Region, in which the suit was brought, referred the constitutional questions involved to the Federal Supreme Court for decision. The decision was in favour of Chief Akintola's claim. He took it to the High Court and obtained judgment. Alhaji Adegbenro took that decision to the Privy Council on appeal; he also brought an appeal to the Federal Supreme Court from the judgment of the High Court.

The Privy Council allowed the appeal and rever…

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