A-G., EASTERN REGION V. BRIGGS

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242

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

A-G, EASTERN REGION V. BRIGGS

5

A-G, EASTERN REGION

V

A.B. BRIGGS

APPELLANT

RESPONDENT

SUIT NO. FSC 258/1963

10

SUPREME COURT,

BRETT,

BAIRAMIAN,

ONYEAMA,

COKER,

IDIGBE,

6th November, 1964

NIGERIA

Ag. C.J.N.

J.S.C.

J.S.C.

J.S.C.

J.S.C.

15

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Constitutional Law - Right to fair hearing - Right of Governor to execute

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recommendation - whether court can question or grant remedy - (Constitution)

Order in Council 1954 Section 180A(1); section 105 (3), section 180 I, section

180D, section 180K - Eastern Region Public Service Commission Regulations

(1958). Regulation 30; Nigeria Offices of Governor - General and Governors)

Order in Council 1954.

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ISSUES:

1. Whether it is possible for a court to grant a remedy to a party contesting the

validity of an act of a Governor acting on the recommendation of the Public

Service Commission.

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FACTS:

The Respondent had been a Grade II Teacher in the service of the Government

of Eastern Region and was promoted on probation to the post of Education Of-

ficer. He was alleged to have been involved in some impropriety and eventually,

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he received a letter purportedly conveying the order of the Governor reverting him

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to the post of Teacher Grade II. He applied to have the order set aside and was

successful The order was made on the recommendation of the Public Service

Commission in accordance with certain relevant portions of the constitution.

Power was granted to the Governor of a region under section 180D of the (Con-

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stitution) Order-in-council 1954, to provide for 'the organisation of the work of the

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commissions". The Trial Judge however held that the Respondent did not hold his

office at the pleasure of the Crown.

HELD:

1.

Sections 17 and 20(2)(c) of the Nigeria (Offices of Governor-General and

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Governors) Order in Council 1954 make it plain that a person appointed to an

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office constituted for the region, by the Governor including the office of

Education Officer is to hold office at the pleasure of the Governor and only the

legislature could provide otherwise. The Governor was only doing what the

constitution order required him to do.

2.

Executive actions should be entitled to immunity against challenge in the courts

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when relating to an act of the Governor in pursuance of a constitution order.

Court therefore has no power to grant the Respondent such a remedy.

G.C.M.

Onyiuke (Mr. C.D.C. Anyaegbulam State Council)

for appellant.