Sam-Sumana v Attorney-General & Victor Bockarie Foh

Facts

The President relieved the Vice-President of his office after his party expelled him, and appointed a new Vice-President. The former Vice-President brought an action in the Supreme Court's original jurisdiction under sections 124 and 127 of the Constitution.

Issue

Could the President remove the Vice-President other than by the impeachment procedure in sections 50 and 51 of the Constitution?

Held

The Supreme Court upheld the removal and the new appointment. In 2017 the ECOWAS Court of Justice, in a separate action, held that the removal violated his rights and ordered compensation.

Principle

Questions on the interpretation of the Constitution go to the Supreme Court in its exclusive original jurisdiction.

Why it matters

A leading example of the Supreme Court's original jurisdiction, and of the interaction between national courts and the ECOWAS Court.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.