ALHAJI THE HON. D.S. ADEGBENRO V. THE HON. S.L. AKINTOLA

BAIRAMIAN, JSC (delivering the judgement of the Court):- This is an application by Alhaji Adegbenro for costs against Chief Akintola. It arises in this way.

Last year in May, the then Governor of the Western Region (Sir Adesoji Aderemi) removed Chief Akintola from the office of Premier and appointed Alhaji Adegbenro to be the Premier. It is enough here to say that the removal was not in consequence of any resolution in the House of Assembly. Chief Akintola then sued them both, claiming that he had been wrongfully removed.

The High Court of the Western Region, in which the suit was brought, referred the constitutional questions involved to the Federal Supreme Court for decision. The decision was in favour of Chief Akintola's claim. He took it to the High Court and obtained judgment. Alhaji Adegbenro took that decision to the Privy Council on appeal; he also brought an appeal to the Federal Supreme Court from the judgment of the High Court.

The Privy Council allowed the appeal and rever…