The Chairman, National Population Commission V. The Chairman, Ikere Local Government & Ors (2001)

LAWGLOBAL HUB Lead Judgment Report

AYOOLA, J.S.C.

The main question in this appeal is whether the procedure adopted by the Census Tribunal in trying on affidavits the complaint brought before it by the respondents pursuant to the National Population Commission Act Cap.270: Laws of the Federation of Nigeria. 1990 (as amended and further amended) (“the Act”) has vitiated the proceedings.

By section 1 of the Act the National Population Commission (“the Commission”) was established for the Federal Republic of Nigeria. By section 6(a) the Commission is to:

“undertake the enumeration of the population of Nigeria periodically, through censuses, sample surveys or otherwise” .-

Section 26A of the Act, as amended by the National Population Amendment Act, 1991. provides that:

“There shall be established in designated centre Census Tribunal to hear complaints and objections to census results as they relate to the specific Local Government Areas or localities.”

The Act as amended by the 1991 amendment Act was further amended by the National Population Commission (Amendment) Decree 1992 (Decree No.26) which introduced subsection 7 of section 26A of the Act, sub-section 7 of section 26A provides that:

“The rules of procedure to be adopted by the Census Tribunal in hearing complaints and objections to census results shall be as set out in the Third Schedule to this Act”

The Third Schedule prescribed comprehensive rules of procedure to be followed by the Census Tribunal.

In determining the main issue in this appeal, the true path of enquiry is whether the prescribed procedure for the Census Tribunal justified the procedure adopted by the Tribunal. The Third Schedule made provisions covering several aspects of procedure, including the presentation of complaint, the contents of complaint and several others. However, only some of them which have bearing on this appeal need be highlighted. Paragraph 15(2) provides as follows:

“The Tribunal in the hearing and determination of the complaint shall not be obliged to confine its inquiry or findings to the issues raised by the complaint and the reply, if any, and may, with or without ordering or allowing-

(a) the amendment of any statement of the facts and grounds relied upon in support of the complaint or the amendment of any admission or denial contained; or

(b) the facts or grounds set out in the reply (but subject always and having due regard to the time limited by paragraph 2 of this Schedule for presenting a complaint), inquire into any other issue otherwise raised or apparent or any matter otherwise appearing, as the Tribunal may deem necessary for the purpose of the full and proper determination of the complaint.”

Paragraph 17 of the Third Schedule provides that: