THE QUEEN V. GOVERNOR-IN-COUNCIL [W R ]

• Pages: 102-107

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NIGERIAN SUPREME COURT CASES

[1962] N.S.C.C.

that there was no evidence of fraud, and in respect of this ground of appeal I would

merely say that I accept the finding of fact as made by the trial Judge.

Another argument was that evidence should have been called from Germany

to show that the goods had never been delivered. There is no substance in this

point, as payment under the letters of credit depended upon shipment and not

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upon delivery.

We also dismissed the appeal against the counterclaim, as it related to the £401

- 19s - Od which had already been credited to the appellants.

For the reasons stated in this judgment we dismissed the appeal. The respond-

ents are entitled to costs which I would assess at 23 guineas.

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10

Taylor, F.J. I

concur.

Bairamian, F.J.

I concur.

Appeal dismissed.

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THE QUEEN V. GOVERNOR-IN-COUNCIL [Wil]

THE QUEEN: ex parte

LANIYAN OJO

V

GOVERNOR-IN-COUNCIL, WESTERN

REGION RESPONDENT

APPELLANT

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SUIT NO. FSC 144/1961

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FEDERAL SUPREME COURT

UNSWORTH,

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F.J.

TAYLOR,



F.J.

BAIRAMIAN,

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F.J.

12th March, 1962.

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Administrative Law - Certiorari - statut e taking away right of Court to issue

-

Manifest Defect of jurisdiction of lower tribunal - Right of Court to issue

Certiorari notwithstanding statute.

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Judgment - Decision without jurisdiction - Nullity - Error of Law on the face -

Does not constitute defect of jurisdiction - Erroneous finding of fact essential

to validity of Order - Defect of jurisdiction relates to embarking on a case

and not to miscarriage in the course of it.

Customary Law - Chieftaincy - Approval - Qualifications - W.N. Chiefs Law

(1957) W.N. No.20 of 1957 - Governor-in-Council - Competent to determine

question arising under section 10 and 11 of the W.N. Chiefs Law (W.N. No.

20 of 1957) - Not reviewable by certiorari - W. Nigeria Administration of

Justice (Crown Proceeding) Law 1959 No. 3 of 1960 (section 3(1)a.

ISSUES:

1.

Whether the provisions of section 3(1)a of the W.N. Administration of Justice

(Crown Proceedings) Law 1959 protect an act done by the Governor-in-Council

outside the enactments relating to chiefs.

2.

Whether the approval of the appointment of a chief by

Governor-in-Council is a usurpation of jurisdiction or an exercise of discretion.

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