The Governor Of Oyo State V. Hon. Justice Iyabo Yerima & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal is against the judgment of Federal High Court, Abuja Division (“the lower court” for short) delivered on 20th January, 2011 in suit No. FHC/ABJ/CS/352/2008. In the judgment the lower court entered judgment in favour of the 1st respondent (qua; plaintiff) and granted all the reliefs sought by her.

The facts giving rise to the appeal are that two petition were written against the 1st respondent concerning her conduct in the discharge of her functions as a judge of the High Court of Justice, Oyo State. One petition was written by Mr. Adebayo Shittu as the Attorney-General of Oyo State and second was written by an Organization known as the Committee for Defence of Rule of Law. On the direction of the 2nd respondent, the 1st respondent responded to the petitions and a panel of investigation was constituted to inquire into the matter.

At the panel, the former Attorney-General who authored one of the petitions was called upon to present the petition which had been withdrawn by the then incumbent Attorney-General before then. The former Attorney-General was cross- examined. At the end of the sitting, the panel submitted its report to the 2nd respondent which relied on it and suspended the 1st respondent, and recommended her compulsory retirement.

Aggrieved by the turn of events, the 1st respondent sued for the following reliefs.

“i. A declaration that the recommendation of the 1st defendant based on its investigation committee report relating to the plaintiff in all its ramification is illegal, unconstitutional as it violates the plaintiff’s right to fair hearing which include the right of natural justice guaranteed under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999.

ii. A declaration that the Attorney-General of Oyo State, Adebayo Shittu, Esq., not being the writer of the petition dated 12th May, 2007 to which the 1st Defendant panel adjudicated upon and allowing the said Attorney-General to be a substituted complaint is null and void, unconstitutional and against natural justice.

iii. A declaration that the recommendation of the 1st defendant to the 2nd Defendant against the plaintiff based on a petition that has been withdrawn by an Attorney-General of the State null, void, unconstitutional and of no effect.

iv. A declaration that the letter of Barr. Michael Lana dated 5th November, 2007 having withdrawn the petition written by Adebayo Shittu, the then Attorney-General of Oyo State, there was no longer complaint by the 1st Respondent’s Committee to investigate and adjudicate on how much more to make recommendation thereto.

v. An order setting aside the report/recommendation of the 1st Defendant to the 2nd Defendant for gross infringement of the plaintiff’s Fundamental Human Right to fair hearing.

vi. An order of perpetual injunction restraining the Defendants, their agents, servants or privies from carrying into effect or executing or enforcing the said recommendation or anything connected whatsoever with the said report or recommendation relating to the plaintiff”.

The lower court as earlier stated granted all the reliefs sought. Dissatisfied, the appellant has appealed to this court by way of a notice of appeal containing four grounds of appeal.

The appellant and 1st respondent filed their briefs of argument which their counsel adopted and relied upon at the hearing of the appeal.

In his brief of argument, M. O. Adebayo, Esq.; (Attorney-General and Commissioner for Justice, Oyo State) on behalf of the appellant, formulated four issues for the court’s determination of the appeal. The issues are;