Speaker Oyun Legislative Coucil & Anor V. Engineer Hammed Adebayo Ajimoti & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment)

The validity or otherwise of the composition of a panel of enquiry happens to be the crux of this appeal which is against the ruling of Hon. Justice Akoja whose decision overruled the preliminary objection of the appellant.

The appellants sought for the following reliefs before the lower court.

a. Whether the Panel of Enquiry known as panel and enquiry on Oyun Local Government constituted by the Honourable Chief Judge of Kwara state was properly constituted in view of the provisions of section 28 (5) (a) Kwara State Local Government Law of 2006 and the provision of Section 378 of the Constitution of the Federal Republic of Nigeria 7999.

b. Whether the proceedings and report of the panel was also wrong, void, illegal and of no effect whatsoever considering the non-compliance with the relevant provisions of the Law in constituting the panel made up of members of the public service as defined by Section 378 and in flagrant violation of the express and unambiguous provision of Section 28(5) (a) which forbids member(s) of the public services and member(s) of such Panel.

c. Whether the Oyun Local Government Legislative Council could properly act on the report of the panel of inquiry whose composition is contrary to the mandatory provision of section 28(5) (a) in view of the illegality in the compositional constitution of the said panel of enquiry.

1.02 Pursuant to the above question for determination the 1st respondent, sought for the following reliefs at the trial court.

a. A declaration that Professor Ali Ajetunmobi, a lecturer in the department of Islamic Religious Studies, University of Ilorin, Alhaji Y.K. Saadu, a law lecturer in the department of Law University of Ilorin and Chief Magistrate Abdulkadiri Mohammed, a serving Magistrate in Kwara State Judiciary (now Secretary to the Kwara State Judicial Service Commission) are public officers within the provisions of Section 318 of the Constitution of the Federal Republic of Nigeria, 1999, by virtue of which the 1st defendant is precluded from so appointing them as members of Panel of Enquiry on Oyun Local Government abinitio and afoitiori cannot thereby investigate the claimant.

b. A declaration that 1st defendant having appointed as members of panel of enquiry, Chief Magistrate Abdulkadir Mohammed, Pro. Ali Ajetunmobu, of the Religious Department and Alhaji Y.K. Saadu, a senior lecturer in the Department of Law, University of Ilorin as members of the panel which is in flagrant violation of the provision of Section 318 of the Constitution and section 28(5)(a) of the Kwara State Local Government Law No. 5 of 2005, the panel of enquiry so set up by the 1st defendant, is illegal, null and void and of no effect by virtue of its illegal/wrong composition and its proceedings a nullity.

c. A declaration that the composition of the panel of enquiry on Oyun Local Government was wrongful, illegal and of no effect for failure to comply with the mandatory provision of Section 28(5)(a) of the Local Government Law

d. An order of this honourable court setting aside the proceedings of the Oyun Panel of Enquiry and the decision of Oyun Local Government Legislative Council purportedly acting on the proceedings of the panel of enquiry as invalid and improper, null and void and of no effect whatsoever.

ALTERNATIVELY

(a) An order nullifying every and any step taken by the 2nd – 6th defendants in purported pursuance of their composition by the 1st defendant and in further pursuance of the provisions of the Kwara State Local Government Law No.5 of 2005 and section 318 of the 1999 Constitution.

(b) An order nullifying every and any step taken by the 7th – 8th defendants in purported pursuance of their acting on the proceedings of the panel of enquiry (of 2nd – 6th defendants) as composed by the 1st defendant and in further pursuance of the provisions of the Kwara State Local Government Law No.5 of 2005. See page 2 of the record of appeal.