The Governor Of Kaduna State V. Lawal Kagoma (1982)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, C.J.N.

By instrument dated 5th March, 1980, and entitled “instrument constituting the Kaduna Local Government Council Judicial Commission of Inquiry”, and published as Kaduna State Legal Notice No.3 of 1980, Abdulkadir Balarabe Musa, then the Governor of Kaduna State, set up a Commission of Inquiry.

The Commission was to inquire into “the various aspects of revenue, finances, accounting, auditing, meetings, and contracts in respect of the Kaduna Local Government Council since 1st April, 1977”. The Commission, as shown in the instrument, was set up by the Governor, “under and in exercise of the powers conferred” upon him by section 2 of the Commissions of Inquiry Law, (Cap. 25 of the Laws of Northern Nigeria, 1963) which, with necessary adaptation, is applicable in Kaduna State and by section 98 of the Local Government Law, 1977 (No.1 of 1977).

Section 2 subsection (1) of the said Commissions of Inquiry Law reads

“2 (1) The Governor may, whenever he shall deem it desirable, issue a commission appointing one or more commissioners, and authorising such commissioners, or any quorum of them therein mentioned, to hold a commission of inquiry into the conduct of any officer in the public service of Kaduna State, or of any chief, or the management of any department of the public service, or of any local institution, or into any matter in respect of which, in his opinion, an inquiry would be for the public welfare. The Governor may appoint a secretary to the commission, who shall perform such duties as the commissioners shall prescribe”.

Section 98 of the Local Government Law, 1977, under which the Commission was also set up, reads

“98 (1) The Executive Council of the State may cause such inquiries to be held at such times and in such places as it may consider necessary or desirable for the purposes of this Law.

(2) Subject to the other provisions of this subsection, the Executive Council may appoint in writing any person to conduct an inquiry and any person so appointed shall cause a notice of the time and place of the inquiry to be given to the Local Government and persons appearing to him to be interested; and notwithstanding the provisions of the Commissions of Inquiry Law, every inquiry requiring to be held under this Part shall

(a) Where such inquiry is to be conducted by one person, be conducted by a High Court Judge or other judge of not less than equivalent rank; and

(b) Where such inquiry is to be conducted by two or more persons it shall be headed by a High Court Judge or other judge of not less than equivalent rank.” (Italics are mine).

In the Interpretation Law of Northern Nigeria (Cap. 52 of the Laws of Northern Nigeria) which is applicable to the two sections of the Laws referred to above, the words “Governor” and “Governor-in-Council” are defined separately. The word “Governor” is defined as including any person performing the functions of the Governor, while the words “Governor-in-Council” means the Governor acting with the advice of the Executive Council but not necessarily in that Council assembled.

Significantly, the phrase “Executive Council” was not defined in the Local Government Law. It is, however, provided in Section 36 of the Constitution of Northern Nigeria, 1963, (N.N. Law No. 33 of 1963), which was applicable at the time when that Law came into force, as follows

“36(1) There shall be an Executive Council for the Region, whose function shall be to advise the Governor in the Government of the Region and which shall consist of the Premier and such other persons, being Ministers of the Government of the Region, as the Governor, acting in accordance with the advice of the Premier, may from time to time appoint”.

Subject to certain exceptions specified in the said section, none of which is relevant to the present appeal, it is provided in section 40 subsection (1) of the 1963 Constitution that “in the exercise of his functions under this Constitution, the Constitution of the Federation, or any other law, the Governor shall act in accordance with the advice of the Executive Council or a Minister of the Government of the Region acting under the general authority of the Executive Council . . . . . . . . . . . ” (Italics are mine).