FEDERAL MILITARY GOVERNMENT V. GOVERNOR MID - WESTERN STATE & ORS

T. O. ELIAS, CJN. (DELIVERING THE LEADING JUDGMENT): In suit No.B/18m171 before Begho, C.J., in the High Court, Benin, the applicant brought an ex-parte application under section 24(4)(a) of the High Court Law of Mid-Western State, section 5(2) of the Administration of Justice (Crown Proceedings) Law, 1959, and Order 53 of the Rules of the Supreme Court of England, 1970, in which he sought leave to apply for an order of certiorari to remove into the court for the purpose of being quashed the revocation of his appointment as a member of the Public Service Commission of the Mid-Western State published in Mid-Western State Legal Notice No. 2 of 1971. The applicant was appointed a member by a letter dated 17 July, 1969 and he was removed from office with effect from 20th January, 1971.

According to the statement filed by him in support of his application, the relief sought was based upon the following grounds:

"1. The 1st respondent acted ultra vires by revoking the appointment of the appli…