A. FATAI-WILLIAMS, CJN (Delivering the Leading Judgment): By the provisions of section 2 of the Nigeria (Constitution) Order-in-Council, 1960, the Constitution of the Federation of Nigeria and those of Northern, Western and Eastern Nigeria set out in the Third, Fourth and Fifth Schedules to the Order came into effect in Nigeria on 1st October, 1960.
Section 62 of the Constitution of Western Nigeria (hereinafter referred to as the Constitution) provided that there shall be a Public Service Commission for the Region which shall consist of a Chairman and not less than two or more than four other members, and that all the members of the Commission shall be appointed by the Governor acting in accordance with the advice of the Premier. Section 63 gave the Commission power to appoint persons to hold or act in offices in the public service of the Region (including power to make appointments or promotion and transfer and to confirm appointments) and to dismiss and exercise disciplinary control…