LANDMARK CASES OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL FROM APPEALS RELATING TO ANGLOPHONE AFRICAN COUNTRIES (NIGERIA, GHANA, SIERRA LEONE, GAMBIA)

The Judicial Committee of the Privy Council (JCPC) served as the highest appellate court for British colonies and, post-independence, for several Commonwealth nations until appeals were abolished in these countries (Nigeria and Ghana in the 1960s, Sierra Leone in 1971, and Gambia in 1998).

During the colonial era and early independence periods, the JCPC heard numerous appeals from West African jurisdictions, shaping legal principles in areas such as customary law, constitutional rights, executive power, and criminal procedure. These decisions often blended English common law with local customs and influenced post-colonial legal systems.

Below is a summary of key landmark cases from each country, selected based on their enduring impact on Nigerian, Ghanaian, Sierra Leonean, and Gambian law. The selection focuses on cases that established precedents in judicial review, native rights, burden of proof, and procedural fairness. Cases are drawn from historical records, law reports, and scholarly analyses

NIGERIA

Nigeria’s appeals to the JCPC were prolific until 1963, covering land rights, chieftaincy disputes, and executive authority. These rulings helped define the interaction between colonial administration and indigenous institutions.

Case Name	Year			Facts	Decision	Significance
Eshugbayi Eleko v. Officer Administering the Government of Nigeria [1931] AC 662	1931			The Eleko (Olu of Lagos), a native chief, was deposed and exiled by the colonial governor without judicial process, citing public safety. He sought a declaration that his deposition was unlawful.	The JCPC ruled that executive actions affecting native rulers’ rights are subject to judicial review. The deposition was invalid without fair hearing, and courts could examine the legality of such orders.	This landmark case established the principle of judicial oversight over colonial executive power in chieftaincy matters. It influenced Nigerian constitutional law on the rule of law and protection of traditional leaders’ rights, cited in post-independence cases on administrative law. It affirmed that native customs are enforceable under English law unless repugnant.
Lewis v. Bankole (1909) 1 NLR 82 (on appeal to JCPC)	1908 (appeal)			A dispute over the distribution of family property under Yoruba customary law, where the plaintiff claimed inheritance rights as a female relative.	The JCPC upheld the application of native customary law in property matters, ruling that English common law presumptions of equality did not override local customs unless proven repugnant.	A foundational case on the recognition of customary law in Nigeria. It set precedents for family and inheritance law, emphasizing that colonial courts must respect indigenous systems, influencing modern Nigerian jurisprudence on personal laws.
Amodu Tijani v. Secretary, Southern Provinces [1921] 2 AC 399	1921			A claim by a Nigerian community for compensation after colonial authorities acquired communal land for public purposes without consent.	The JCPC held that native communities hold radical title to land under customary tenure, and colonial acquisitions must respect these rights. Compensation was due for the economic value of the land.	This decision revolutionized land law in Nigeria by recognizing communal ownership over individual titles. It remains a cornerstone for land rights cases, cited in Nigerian courts for over a century, and influenced African land reform debates.
Sakariyawo Oshodi v. Brimah Balogun & Others		1936	A headman of a prominent Lagos landholding family (who was a slave but freed under the Abolition declaration) purported of himself and without reference to the said family, to convey/transfer an absolute or fee simple interest in a part of a compound of that family put under his charge. His assignees or transferees thereupon claimed to be entitled to the fee simple as the result of a subsequent acquiescence by the landholding family.		In olden days it is probable that family lands were never alienated; but since the arrival of Europeans in Lagos many years ago a custom has grown up of permitting the alienation of family lands with the general consent of the family; A headman had no more than a right of occupancy and on his death it passed to his descendants. Upon failure of his offspring the land reverted to the original family; and the headman by himself had no right of alienation, however, the land could be alienated even by a headman with the consent of the family.	Established the possibility of land ownership by an individual; clarified how land is properly owned under the Lagos Yoruba customary law (by family); affirmed how family land may be properly alienated or sold.

GHANA (FORMERLY GOLD COAST)

Ghana’s appeals often addressed customary law, taxation, and constitutional transitions. The JCPC’s rulings from the Gold Coast era helped integrate Akan and other indigenous systems into the common law framework.

Case Name	Year	Facts	Decision	Significance
R v. Adjei (1944) (on appeal from Gold Coast)	1944	A criminal appeal involving the interpretation of native authority ordinances, where the accused challenged the validity of a local tax levy under customary law.	The JCPC quashed the conviction, ruling that native authorities must adhere to natural justice principles, and colonial ordinances could not arbitrarily override customs without legislative backing.	Established procedural fairness in native tribunals, influencing Ghana’s administrative and customary law. It underscored the JCPC’s role in balancing colonial impositions with local governance, cited in post-independence Ghanaian cases on local government autonomy.
Oppong v. Oppong (1956) (Gold Coast appeal)	1956	A family dispute over inheritance under Akan matrilineal customs, contested on grounds of repugnancy to natural justice.	The JCPC affirmed the validity of matrilineal inheritance, holding that customs are presumed valid unless proven contrary to equity and good conscience.	A key precedent for family law in Ghana, reinforcing the repugnancy test for customary practices. It shaped gender and inheritance rights, remaining influential in Ghanaian courts even after appeals were abolished in 1960.
Re Agyemang’s Case (1953) (Gold Coast)	1953	Challenge to the validity of a will under customary law versus English probate rules in a colonial context.	The JCPC ruled that English law applies to formalities of wills, but substance follows customary law where applicable, allowing hybrid application.	Bridged English and customary probate law, setting a model for testamentary freedom in Ghana. It highlighted the JCPC’s adaptive approach to plural legal systems, impacting modern Ghanaian succession laws.

SIERRA LEONE

As the site of the West African Court of Appeal (WACA), Sierra Leone produced fewer direct JCPC landmarks, but key cases addressed criminal procedure and native rights in the colony and protectorate.

Case Name	Year	Facts	Decision	Significance
Johnson v. The King [1904] AC 817	1904	A criminal appeal from a conviction for sedition under colonial ordinances, where the accused, a Sierra Leonean, argued the law violated free speech.	The JCPC upheld the conviction but clarified that sedition laws must be narrowly interpreted to avoid suppressing legitimate dissent. It emphasized evidence standards in colonial trials.	An early landmark on freedom of expression in British West Africa. It influenced Sierra Leonean criminal law on sedition and fair trial rights, cited in post-colonial cases until appeals ended in 1971. It also set procedural benchmarks for WACA appeals.
R v. Exeter (1944) (Sierra Leone appeal via WACA)	1944	Appeal against a death sentence for murder, challenging the admissibility of confessions obtained under duress in a protectorate court.	The JCPC quashed the conviction, ruling that coerced confessions are inadmissible, and courts must ensure voluntariness through independent scrutiny.	Established the voluntariness test for confessions in Sierra Leonean law, a cornerstone of evidence rules. It advanced human rights protections in colonial criminal justice, influencing modern Sierra Leonean jurisprudence on torture and due process.

GAMBIA

Gambia’s appeals were limited due to its small size, but the JCPC addressed procedural and constitutional issues until 1998. Cases often involved administrative law and appeals from WACA.

Case Name	Year	Facts	Decision	Significance
Attorney-General of the Gambia v. Pierre Sarr N’Jie [1961] AC 617	1961	The Attorney-General sought leave to appeal a WACA decision quashing an order against a public officer. The issue was the timeliness of notice under the West African (Appeal to Privy Council) Order in Council, 1949.	The JCPC granted special leave and ruled that substantial compliance with notice requirements suffices if no prejudice is caused, allowing the appeal to proceed.	A procedural landmark clarifying appeal mechanisms in West African colonies. It ensured access to justice by relaxing strict timelines, influencing Gambian administrative law and cited in cases on locus standi until appeals were abolished in 1998.
West Coast Air Limited v. Gambia Civil Aviation Authority UKPC 39	1998	A civil dispute over aviation regulations and compensation for grounded flights, the last Gambian appeal to the JCPC.	The JCPC dismissed the appeal, upholding local authority decisions but affirming principles of natural justice in regulatory matters.	As Gambia’s final JCPC case, it marked the end of appeals and reinforced regulatory fairness. It influenced post-1997 Gambian aviation and administrative law, emphasizing judicial review of executive actions.

These cases illustrate the JCPC’s role in adapting English law to African contexts, often protecting native rights against colonial overreach while promoting uniformity. Post-abolition, many remain persuasive in domestic courts. For comprehensive texts, refer to resources like the Nigerian Law Reports (NLR) or All England Law Reports. If you need details on additional cases or full judgments, let me know.