Salawu Lasupo Adedayo Fajinmi V. The Speaker, Western House Of Assembly (1962)

LawGlobal-Hub Lead Judgment Report

BAIRAMIAN, F.J

The present appeal is from the decision which Morgan, J., then Acting C.J., gave on the 13th July, 1961, dismissing the plaintiffs action, on the ground that it was not properly before the Court.

The question in this appeal turns on S.16 of the Constitution of Western Nigeria in the 4th Schedule to the Nigeria (Constitution) Order-in-Council, 1960; that section provides as follows:–
“16 (1) The High Court of the Region shall have original jurisdiction to hear and determine any question whether–

(a) any person has been validly selected or elected as a member of a Legislative House of the Region; or

(b) the seat in a Legislative House of any member of that House has become vacant.

(2) The Legislature of the Region may make provision with respect to –

(a) the persons who may apply to the High Court of the Region for the determination of any question under this section;

(b) the circumstances and manner in which, and conditions upon which, any such application may be made; and

(c) the powers, practice and procedure of the High Court in relation to any such application”.

The plaintiff sued the Speaker, House of Assembly, Western Region, Federation of Nigeria, making these claims against him:-

(1) A declaration that he is entitled to take his seat as a validly elected member in the House of Assembly of the Legislature of the Western Region of the Federation of Nigeria. In the alternative the Plaintiffs claim against the Defendant is for a Declaration that his seat in the House of Assembly of the Legislature of the Western Region of the Federation of Nigeria is not vacant.

(2) An injunction to restrain the Defendant from preventing the Plaintiff from taking his seat, as a validly elected member, in the House of Assembly of the Western Region of the Federation of Nigeria.

Pleadings were ordered. The plaintiff delivered his Statement of Claim, in which he said that he had been elected to the House as the member for a particular constituency on the 8th August, 1960, and sworn in, and he went on to explain how his claim arose. The defendant put in his Defence, and said in the last paragraph that-

“The defendant will contend that the plaintiff is not entitled as per his writ of summons and claims that plaintiff’s claim be dismissed as-