Hon. Dele Abiodun V. The Hon. Chief Judge Of Kwara State & Ors (2007)

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ABDULLAHI, J.C.A.

By originating summons filed by the claimant who is the appellant in this appeal the following questions were sought to be determined by the lower court as follows:

“1. Whether the suspension and continued suspension, prohibition and prevention of the claimant to perform his functions as the Executive Chairman of Ekiti Local Government Kwara State by the 2nd defendant is valid, lawful and constitutional.

2. Whether the Chief Judge of Kwara State can lawfully exercise his powers of appointing a panel of five (5) persons who shall investigate the allegation against the claimant as provided under section 28 of the Kwara State Local Government Law.
3. Whether the appointment, inauguration and proceedings of any panel of 5 persons to investigate allegations against the claimant under section 28 of the Kwara State Local Government Law is valid, the committee having been proposed, appointed, inaugurated more than 7 days mandatorily provided for under section 28 of the Kwara State Local Government Law, 2005, particularly, when the powers given to the Chief Judge does not include power to extend the statutory 7 days, period.”

Based on the three questions stated above, the claimant now appellant claimed the following reliefs stated hereunder:

“(i) A declaration that the suspension and continued suspension of the claimant by the 2nd defendant is wrongful, illegal and a violation of the Constitution of the Federal Republic of Nigeria, 1999.

(ii) A declaration that the Chief Judge of Kwara State has no power to appoint, inaugurate the 5-man panel of persons to investigate allegations against the claimant, the same having been made after 7 days statutory period.

(iii) A declaration that the request made to the Chief Judge of Kwara State by the 3rd defendant, to appoint a 5-man panel to investigate the allegations made against the claimant is illegal, unconstitutional null and void.

(iv) An order nullifying the suspension of the claimant by the 2nd defendants {sic} from September 2005 and all his entitlements paid to him.

(v) An order setting aside the notice or application made to the Chief Judge by the 3rd defendant, to appoint a 5- man panel to investigate allegations of misconduct against the claimant the same having been and expired, contrary to Kwara State Local Government Law. 2005.

(vi) An order nullifying every and any step taken by any person or authority pursuant to section 28 of the Local Government Law, 2005 with a view to investigating the claimant.

(vii) An order of interlocutory injunction restraining the 1st defendant from appointing any 5-man panel pursuant to section 28 (sic) the Kwara State Local Government Law pending the hearing and determination of this suit.

(viii) An order restraining the defendants from further interfering with the claimant as Chairman of Ekiti Local Government Council.”

The originating summons was supported by two distinct affidavits, a 21 paragraphed affidavit deposed to by the claimant himself, a Charted Accountant of No.2, Ilaro Street, Aare Opin, Kwara State. The affidavit was deposed and sworn to on the 23rd day of January, 2006. Attached to this affidavit were four exhibits as follows:-

“(a) Ekiti Local Government Legislative Council letter dated EXLG/LC/RD/S/O7/1 of the 8th December, 2005 it is attached and marked exhibit Dele1 1-8,