In Stitch v. AG, Federation & ors [1986] LPELR-3119(SC), a case cited by the defendant but which proper citation the defendant did not give, His Lordship Aniagolu, JSC in the leading judgment defined a Minister as: “…a public officer charged by the Legislature of this country with the duty of discharging a public discretion affecting the citizens. He must discharge that function judiciously”.
MINISTER’S POWER IS NOT UNLIMITED
In Padfield & Ors. v. Minister Of Agriculture Fisheries and Food & Qrs. (1968) A.C. 997 it was held, inter alia, that where Parliament conferred a discretion on the Minister so that it could be used to promote the policy and objects of the Act which were to be determined by the construction of the Act, the issue was one of law for the courts; that although there might be reasons which would justify the Minister in refusing to refer the complaint in that case to a Committee of Investigations, his discretion was not unlimited and if it appeared that the effect of his refusal to appoint a Committee of Investigations was to frustrate the policy of the Act, the court was entitled to interfere.