Ratio DecidendiRatio DecidendiRatio Decidendi



OBAYUWANA
V.
GOVERNOR, BENDEL STATE & ANOR

(1982) JELR 46390 (SC)    

Supreme Court  ·  SC.16/1982 ·  3 Dec 1982 ·  Nigeria
 · 
Other Citations
OBAYUWANA v. GOVERNOR, BENDEL STATE & ANOR (1982) 12 S.C. (REPRINT) 67
CORAM
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
section
law
customary courts
courts
customary courts edict
edict no.9
court
learned trial judge
first respondent
sub-section
court of appeal
revocation order
xx xx xx xx
judicial service commission
bendel state
learned judge
customary court member
great respect
oredo customary court
bendel state house of assembly
cancellation of warrants
federal court of appeal
governor of the state
high court
law no.
members of the customary courts
military regime
state extraordinary gazette no.
such law
administration of bendel state
administration of the government of bendel state
appointment of the appellant
appropriate authority
civilian governor of the state
constitutional provision
constitution of the federal republic of nigeria
contract of appointment
date of the courts cancellation order
first of october
force holds office
leading judgment
learned trial judge section
legislative body
member of the customary court
member of the said customary court
post of a member of customary court
power of abolition of customary courts
revocation of appointments of presidents
virtue of the provisions of paragraph

C. IDIGBE, JSC (Delivering the Leading Judgment): The issues which bring the parties herein to the courts below and now to this court are whether,

(a) the Customary Courts (Revocation of Appointments of Presidents and Members) Order 1979 published as B.S.L.N. 1 of 1980 (hereinafter referred to as "Revocation Order") purporting to revoke the appointment of the appellant as a member of Oredo Grade II Customary Court No. 1 in Oredo Local Government Area of Bendel State of Nigeria and to remove the plaintiff from office as a member of the said Customary Court is lawful, constitutional and valid? and

(b) the appellant is still a member of the Customary Court aforesaid and entitled to his normal salaries and/or benefits?

The issues arose in this way: Following a publication in the Nigerian Observer of the 10th day of July, 1978, calling for applications for the positions of Presidents and members of the customary courts in Bendel State, the appellant who applied for the post of a member o…

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