LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fundamental Rights — Vested Rights — Cannot Be Taken Away by Executive Pronouncement
PRINCIPLE STATEMENT
No Government or Governor shall rule by mere pronouncements at a Press Conference. A vested right can only be taken away by law validly passed, not by mere executive or political statements.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in The Governor of Oyo State v. Oba Ololade Folayan (1995) NLC-2561989(SC) at p. 15; Paras. A–C.
"Where a person with a vested legal right has that right kept afoot in the statute book, can the same Government make a pronouncement at a Press Conference purporting to take away that same right from him without abrogating the law? No Government, and or Governor of a state however executive shall rule by mere pronouncements at Press Conference and when this happens, such statements cannot be more than mere political aberrations. What the Akesin has is a vested right which can only be taken from him by law validly passed and not by mere executive or political statement dished out at a Press Conference."
EXPLANATION / SCOPE
Executive pronouncements cannot override vested legal rights. Only legislation can take away such rights. The principle applies to all executive actions. Press conference statements have no legal effect. The rule protects the rule of law. The executive must act within the law. The court will ignore extra-legal pronouncements. The principle ensures that rights are not arbitrarily taken away.
