Obiyan v. Military Governor, Mid-West & Ors (1972)

LawGlobal-Hub Lead Judgment Report

B. A. COKER, J.S.C. 

The proceedings herein are concerned with an order of certiorari sought by the applicant, Ambrose Iguade Obiyan, against the Military Governor and the Attorney-General of the Mid-Western State of Nigeria for the purpose of quashing the order of revocation of his appointment as a member of the Public Service Commission of the Mid-Western State. Apart, however, from the substance of the application, the appeal raises vital issues of procedure which must be considered fully and finally determined by this Court.

The matter was initiated by way of an originating motion, ex-parte, issued on behalf of the applicant and asking for:-

“an order of certiorari to remove into this Honourable Court for the purpose of being quashed the revocation of the appointment of the applicant as a member of the Public Service Commission of MidWestern State of Nigeria, published in Mid-Western State Legal Notice No.2 of 1971.

AND that all necessary and consequential directions be given. AND for such further order or orders as this Honourable Court may deem fit in the circumstances.”

The motion paper is supported by the usual statement which sets out the grounds on which the application is being made and the reliefs sought as follows:-

“(1) The 1st respondent acted ultra vires by revoking the appointment of the applicant in the manner he did.

(2) The 1st respondent acted contrary to the rules of natural justice in that:-

(a) he revoked the appointment of the applicant without affording the applicant sufficient opportunity to defend himself; and

(b) he constituted himself into an accuser and a judge in the same cause.

(3) The respondent purported to act pursuant to Edict No. 3 of 1971 which is null and void because it purports to amend the Constitution of the Mid-Western State as confirmed by the Constitution (Suspension and Modification) Decree, 1966.”

The application is also supported by an affidavit of the applicant setting out rather copiously the record of his 30 years’ service in the Public Service of Nigeria during which period he enjoyed “a good reputation for responsibility and diligence in the discharge of my personal and official affairs and obligations within and outside the Mid-Western State”. The affidavit also states that at no time was he delinquent in his duties, that he was not unfit and that he was always ready and willing to perform the duties of his office as a member of the Public Service Commission.

The application was heard ex-parte by Begho C.J. (High Court, Benin City). The learned Chief Justice in the course of his judgment extensively considered the provisions of section 61(5) of the Constitution of the Mid-Western State which reads as follows:-

“(5) A member of the Public Service Commission may be removed or dismissed summarily from office if the Military Governor is satisfied that:-