Alh. Jibrin Bala Alhassan V. Federal Government Of Nigeria & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Federal High Court, Abuja delivered on the 4th of April, 2008.

The Appellant by a motion ex-parte dated 30th August, 2007 sought for leave of the lower court to enforce his fundamental right.

Leave was so granted to him on the 29th of October, 2007 to enforce his rights. By a statement made pursuant to Order 1, Rule 2(3) of the Fundamental Rights (Enforcement Procedure) Rules 1979 and the motion on notice dated 30th October, 2007, the Applicant, by virtue of the leave, sought for the following reliefs:-

“(i) A Declaration that the Indictment of Applicant in February, 2007 for fraud and abuse of office by the Administrative Panel of Inquiry on Alleged Corrupt Practices by some Public Officers and Other Persons set up by the 1st Respondent is unconstitutional, ultra vires and flagrant breach of the Appellant’s Fundamental Rights to fair hearing.

(ii) A Declaration that the Report of the 3rd Respondent alleging Mass looting, corruption and abuse of office against the Applicant, upon which the Administrative Panel of inquiry on Alleged Corrupt Practices by some Public Officers and Other Persons set up by the 1st Respondent based its indictment is unconstitutional and breached the Applicant’s Fundamental Right to fair hearing.

(iii) An Order quashing and or setting aside the indictment/findings against the Applicant and contained at pages 13-14 of the Government White Paper on the Report of the Administrative Panel of inquiry on Alleged Corrupt Practices by some Public Officers and other Persons published in February, 2007 as being unconstitutional, ultra vires, null and void.

(iv) The sum of N10 million (Ten Million Naira) only as compensation and/or exemplary and aggravated damages jointly and severally against the Respondents for unlawful violation of the Applicant’s Fundamental Rights to fair hearing and denial of the Applicant’s right to participate as a gubernatorial candidate in the 2007 General Election.

Respondents entered appearance and variously filed counter affidavits. 3rd Respondent filed a preliminary objection to the hearing of the motion aforesaid. Parties were ordered to file written addresses which were subsequently adopted on the 14th December, 2007. In a reserved and not well considered judgment which was delivered on the 4th April, 2008, Nyako J. dismissed the Appellant’s case on the ground that the Administrative Panel of Inquiry which indicted the Appellant was not joined as a Party.

The Appellant is thoroughly dissatisfied with the decision of the lower court. Being dissatisfied and aggrieved, he has brought this appeal. The notice of appeal, which is at page 238 of the record of this appeal contains three grounds of appeal which I reproduce hereunder without their particulars as follows:-

1. The learned trial court erred in law and thereby occasioned a miscarriage of justice when it held as follows:-

“What is of interest to me at this stage is the Plaintiff seeking to enforce his fundamental right to fair hearing and he has not brought the infractors to Court. He alleges that the Administrative Panel did not give him a fair hearing and he has come to court behind their back without also giving them a fair hearing to defend the allegation.”

2. The learned trial court erred in law and thereby occasioned a grievous miscarriage by interpreting the requirements of the Fundamental Rights Enforcement Procedure Rules or of fair hearing to mean that the Applicant/Appellant ought to join the Administrative Panel of inquiry to this suit.
3. The learned trial court erred in law and thereby came to a wrong conclusion when it dismissed the claims of the Applicant/Appellant solely on the ground of the non joinder of “all necessary parties” as raised by the learned trial court in its judgment.”

In line with the relevant rules of this court, parties filed and exchanged briefs of argument which were variously adopted by learned counsel for the respective parties when the appeal came up for hearing on the 20th of September, 2010.

At page 7 of the Appellant’s brief of argument dated 28th day of July, 2009 and filed on the 29th July, 2009, Mr. Ikwueto, learned senior counsel for the Appellant, who also settled the Appellant’s brief of argument formulated one issue only for the determination of this appeal.

This issue reads as follows:-