Samuel Akinsanya The Odemo Of Ishara V. The Governor Of Nigeria (1949)

LawGlobal Hub Judgment Report – West African Court of Appeal

Removal of member of Native Authority—Native Authority Ordinance, section11—Jurisdiction of Supreme Court—” Ex-officio ” member of Native Authority—Standing Rules of Native Authority.

Facts

The trial Judge held that he had no power to entertain the appellant’s claim which sought, in effect, to have set aside a lawful direction under section 11 of the Native Authority Ordinance, and rejected the appellants contentions (a) that by virtue of his position as an ex-officio member of the Ijebu Remo Council he was also an ex-officio member of the Ijebu Remo Native Authority and therefore section 11 of the Native Authority Ordinance, which does not mention ex-officio members, did not apply to him.

The trial Judge also held that there was no statutory provision for a distinct class of ex-officio members, as such, in relation to a Native Authority, that the Resident in stating in a letter that the appellant was ” now ex-officio a member ” of the Native Authority was acting ultra wires and that the references in the Standing Rules of the Native Authority to ” ex-officio ” members were likewise ultra wires.

Held

On appeal,
(i) that the trial Judge was right;
(ii) that being so, the appellant came within the scope of section 11 of the Native Authority Ordinance.

Appeal dismissed.