Major General Olu Bajowa V. Federal Republic Of Nigeria & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment)

This appeal is against the ruling of the Federal High Court, holden at Abuja (“the trial Court” for short) in Suit No.FHC/ABJ/CS/249/2004 delivered on 8/12/2005 in which the trial Court dismissed the suit of the appellant against the respondents for being statute barred. Aggrieved by the ruling the appellant has appealed to this Court vide a notice of appeal filed on 12/12/2005.

At the trial Court the appellant took out an originating summons for determination of the following questions,

“1. Whether the 1st, 2nd and 3rd Respondent have the power or authority to inquire into, censure, review and /or indict the Applicant with respect to the exercise of the power functions, duties conferred on him while he was the Sole Administrator of Nigeria Airways Limited pursuant to and by virtue of the Nigeria Airways Limited (Appointment of Sole Administrator) Decree 1988 No. 44 of 1988 (now Cap 293 Laws of the Federation of Nigeria 1990).

2. Whether in view of Section 251 of the Constitution of the Federal Republic of Nigeria 1999, the setting up by the 1st, 2nd

and 3rd Respondents of the said Commission of Inquiry into the Management of Nigerian Airways Limited (1983-1999) is not ultra vires, unconstitutional, unlawful, illegal, null and void and of no effect.

3. Whether in view of 1 and 2 above the Recommendations of the Commission of Inquiry into the Management of Nigerian Airways Limited (1983 -1999) as it affected the Applicant is not unconstitutional, illegal, unlawful and ultra vires the 1st, 2nd and 3rd Respondents and consequently null and void and of no effect.
4. Whether the 1st and 2nd Respondents decision on the Recommendation of the said Commission of Inquiry into the Management of Nigerian Airways Limited (1983 – 1999) in so far as it affected the Applicant is not illegal, unlawful and ultra-vires the Government and the said Respondents and consequently null and void and of no effect”

The originating summons was supported by an affidavit of 10 paragraphs with Exhibits and a 6 paragraph further and better affidavit.

The appellant sought the following reliefs:

“1. A declaration that the 1st, 2nd and 3rd Respondents have no powers or authority to inquire into, review, challenge and/or

indict the Applicant with respect to his exercise of powers, functions and duties as Sole Administrator of Nigerian Airways Limited in view of Nigerian Airways Limited (Appointment of Sole Administrators) Decree No.44 of 1988 now Cap 293 laws of Federation of Nigeria 1990.

2. A declaration that in view of Section 251 of the Constitution of the Federal Republic of Nigeria 1999, the setting up by the 1st, 2nd and 3rd Respondents of the said Commission of Inquiry into the Management of Nigeria Airways Limited (1983-1999) is ultra vires, unconstitutional, unlawful, illegal, null and void and of no effect.
3. A declaration that in (sic) the Recommendations of the Commission of Inquiry into the Management of

Nigeria Airways Limited (1983 – 1999) as it affected the Applicant is improper, ultra vires, unconstitutional, unlawful, illegal, null and void and of no effect.

4. A declaration that the decision of the 1st, 2nd and 3rd Respondent (sic) on the Recommendations of the

said Commission of Inquiry into the Management of Nigerian Airways Limited (1983-1999) in so far as it affected the Applicant is illegal, unlawful and ultra-vires the

Government and the said Respondents and consequently null and void and of no effect.

5. An order setting aside the said decision of the 1st, 2nd and 3rd Respondents on the Recommendation of the said Commission of Inquiry into the Management of Nigeria Airways Limited (1983-1999) as it affected the Applicant.
6. An order setting aside the Government white paper (if any) containing any decisions of the 1st, 2nd and

3rd Respondents, on the Recommendations of the said Commission of, Inquiry into the Management of Nigeria Airways Limited (1983-1999) as it affected the Applicant.

7. An order of perpetual injunction restraining all the Respondents their agents, servants and/or privies howsoever called from arresting detaining and or interfering with the Constitutional/fundamental rights of the Applicant as enshrined in the Constitution of the Federal Republic of Nigeria 1999 in connection with or pertaining to any matter related to the said decisions on the Recommendation of the said Commission of Inquiry into the Management of Nigeria Airways Limited (1983-1999).
8. An order of perpetual injunction restraining all the Respondents, their

agents, servants and/or privies howsoever called from enforcing and of seeking to enforce against the Applicant the said decision of the 1st, 2nd and 3rd Respondents on the Recommendations of the said Commission of Inquiry into the Management of Nigeria Airways Limited (1983-1999).