Mallam Nasir Ahmed El-rufai V. Senate Of The National Assembly & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A. A. ADUMEIN, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the final judgment of the Federal High Court, Abuja Division per Honourable Justice M. G. Umar delivered on 11th March, 2010 in Suit No. FHC/ABJ/CS/535/08 whereby the lower court dismissed the action of the Appellant on the ground that it was statute barred.

The appellant was the Minister of the Federal Capital Territory between June 2003 and May 2007. In response to several petitions written by members of the public against some of his official conduct, while in office. On 12/03/2008 there was a resolution of the Senate to conduct investigative public hearing on the activities in the Federal Capital Territory between 29th of May 1999 and 29th day of May 2007.

A Senate Committee was thereafter inaugurated to conduct the investigative hearing. The appellant appeared before the Committee and made his oral and written presentation. The Joint Committee on the 10th day of July, 2008 submitted its report and made recommendations to the Senate that:-

a. He should account for all funds collected by the Ad Hoc bodies he raised during his tenure.

b. The House he obtained for himself where he signed as lessor and lessee be revoked.

c. He is not a fit and proper person to hold office in a democratic set up.

Pursuant to the said report, the Appellant commenced an action at the lower court by way of motion ex-parte seeking leave of court to enforce his fundamental rights and sought the following reliefs:

a. A Declaration that the refusal, failure and neglect of the joint Senate committee of the Senate on FCT and Housing that conducted the investigative public hearing into the administration of the Federal Capital Territory between May 29th 1999 and May 29th 2007 to make the alleged gamut of petitions over injustice meted out to the writers within the period under investigation available to the applicant, insofar as those petitions affect him in spite of his request therefore, is unfair and constitutes a breach of the Federal Republic of Nigeria, 1999 and Article 7 of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004 and is therefore unlawful, illegal and unconstitutional.

b. A Declaration that the membership of the Joint Committee of the Senate on FCT and Housing that allegedly investigated the administration of the Federal Capital Territory between May 29th 1999 and May 29th 2007 was composed mainly and principally of persons who are interested in the subject matter of the investigation contrary to the principles of fair hearing and natural justice.

c. A Declaration that the refusal, neglect and failure of the joint Senate committee on FCT and Housing that conducted the investigative public hearing into the administration of the Federal Capital Territory between May 29th 1999 and May 29th 2007 to afford him adequate time and facilities for his defence is tainted with bias, malice, prejudice, unfairness and constitute a gross violation of the applicant’s right to fair hearing as guaranteed by Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 and article of the African Charter on Human and People’s rights (Ratification and Enforcement) Act, Cap A9 Laws of the Federation of Nigeria, 2004 and is therefore illegal, unlawful, null, void, unconstitutional and of no effect whatsoever.

d. A Declaration that the recommendation of the joint Senate committee on FCT and Housing that conducted the investigative public Hearing into the administration of the Federal Capital Territory between May 29th 1999 and May 29th 2007 that the Applicant is not a fit and proper person to hold public office in a democratic set up is a fundamental breach of the right of the applicant to participate directly in government of Nigeria and have access to public service as guaranteed by Article 13 of the African Charter on Human and Peoples Right (Ratification and Enforcement) Act, Cap, A9 Laws of the Federation of Nigeria, 2004 and is therefore illegal, unlawful, null, void and of no effect whatsoever.

e. An Order quashing the entire proceedings and the interim report of the joint Senate committee on FCT and Housing on the investigative public Hearing into the administration of the FCT between 1999 to 2007 on the ground that they are unconstitutional, null, void and of no effect.

f. An Order perpetually prohibiting the respondents whether by themselves, agents privies, officers, member or by whomsoever and howsoever from acting on the recommendations of or deliberating upon the interim, report on the investigative public Hearing on the activities of the Federal Capital Territory Administration, 1999-2008 or any other report for that matter based upon the illegal and unconstitutional investigative public hearing conductive between 12th of March 2008 and 10th of July 2008 by them insofar as it affects the Applicant or at all.