The Honourable (Mr) Justice Adebayo Manuwa V. National Judicial Council & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling)

The appellant was a High Court Judge in the Lagos State Judiciary. He was dismissed by the Lagos State Government on the advice of the National Judicial Council. Dissatisfied with the said dismissal the appellant filed suit No, FHC/L/CS/58/2001 claiming of the defendants the following:

“1. Declarations to the effect that upon the just and proper construction, for their true meaning and intendment, and for their true legal effect, of the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 which regulate The Honourable Mr. Justice Adebayo Manuwa’s lawful tenure incumbent occupancy, Qua holder of the office of Honourable Judge of the High court of Lagos state, with effect from 18th July, 1996 until 12th December, 2000, (or alternatively, with effect from 18th July, 1996 until 8th December, 2000), inclusive.

(i) The Honourable Mr. Justice Adebayo Manuwa cannot lawfully be compelled to cease to hold and occupy the appointment or office of Hon. Judge of the High Court of Lagos State until he shall have attained the age of sixty-five (65) years, unless he is properly removed from such “judicial office” by the Governor of Lagos State, acting on a recommendation properly [that is to say, not prematurely] made to his Executive Office by the National Judicial Council in that behalf.

[And that]

(ii) By virtue of the decided conferment, in the Lagos State Judicial Service Commission of express constitutional competence.

“…to recommend to the National Judicial Council the removal from office of the… (Judicial officer)” of the afore-mentioned status occupied by the Hon. Mr. Justice Adebayo Manuwa immediately prior to the 8th day of December, 2000, the recommendation reputed to have made by the National Judicial Council to the Governor of Lagos State for his summary dismissal from his “judicial office”, aforesaid, in so far as the questioned recommendation was caused to issue both before, and without, the prior receipt of a first recommendation made to it by the Lagos State Judicial Service Commission in the same behalf, is ultra vires the powers of the National Judicial Council, and/or unconstitutional, and accordingly deserves t be adjudged null and void.

(In Addition/In the Alternative to (1) Above)

(2) A declaration that the National Judicial Council, in virtue of its juristic character/status as a Federal Executive Body of the Constitution of the Federal Republic of Nigeria, 1999’s establishment and creation, was, and remains, constitutionally bounden and enjoined to the due and full observance of all the usual attributes of a “fair hearing”, including, but not limited to, its obligation to abide by all the principles/tenets of “procedural propriety”/”procedural fairness”, all as judicially defined, during its examination and appraisal of matters that concerned, and potentially affected the constitutionally prescribed civil rights and obligations of The Hon. Mr. Justice Adebayo Manuwa that occurred and arose during its quasi-judicial proceedings held if any, and/or during the conduct of its other business held, or reputably held, to adjudicate over and determine the question whether or not a recommendation for his removal from his judicial office”, aforesaid, may lawfully, and justly, have been made.

(3) A consequential declaration adjudging that the failure of the National Judicial council to steadfastly, and fully, observe all the usual attributes of a “fair hearing”, including, but not limited to, its neglect to abide by all the principles of “procedural propriety”/procedural fairness” during its conduct of those quo judicial proceedings held, (if any), and/or, during the other conduct of its business which consummated its decision to make a recommendation to the Governor of Lagos state for the removal, by “summary dismissal”, of The Honourable Mr. Justice Adebayo Manuwa from his incumbent “judicial office” as an Honourable Judge of the High court of Lagos state, characterized by those instances of substantive and procedural breaches/violations of the substance and essence of a “fair hearing”/procedural propriety”/procedural fairness,, of which more precise identification particulars appear in the accompanying plaintiff’s statement delivered together with, and forming part of, the originating processes of court by which this action was commenced, render the National Judicial councils questioned proceedings, or business, and adjudication, and its ensuing recommendation for the Hon. Mr. Justice Adebayo Manuwa’s summary dismissal from “judicial office”, and the Governor of Lagos state’s purported implementation of the same (by the within-named plaintiff’s purported removal from office: unconstitutional, null, void, and of no effect, whatsoever.

(In Addition/In the Further Alternative to (3) Above)

(4) An order of certiorari directing that all proceedings and/or business, reputedly had, held and taken by the National Judicial Council, if forming any part of that Federal Executive Body’s deliberations which consummated its recommendation for the summary dismissal of the Hon. Mr. Justice Adebayo Manuwa from further occupancy of his “judicial office” aforesaid, including, but not limited to, its proceedings reputed to have been had during its meeting(s) held on 8th and 9th November, 2000, shall be removed into the Lagos Judicial Division of the Federal High Court, whereupon all the questioned proceedings and/or business, the ensuing recommendation for the Hon. Mr. Justice Adebayo Manuwa’s summary dismissal from his incumbency in the office of Honourable Judge of the High Court of Lagos State, and the purported effectuation, by The Governor of Lagos State, of the same, do and shall all be quashed, forthwith, upon the grounds more elaborately set forth in the plaintiff’s statement delivered together with, and forming part of, the originating processes of court by which this action was commenced.

(5) A consequential declaratory order adjudging and pronouncing the Hon. Mr. Justice Adebayo Manuwa to have been wrongfully/improperly/unlawfully removed from his incumbency in the office of Honourable Judge of the High Court of Lagos State in violation of the spirit and letter of the Constitution of the Federal Republic of Nigeria 1999, and further declaring him entitled not to cease to hold and occupy the ‘Judicial office” aforesaid until he shall have attained the age of sixty-five (65) years, unless he shall properly, and lawfully, have ceased to occupy such “judicial office” at any earlier time, either upon his self-elected retirement, or upon his prior removal from office in any manner specifically contemplated and prescribed by the Constitution, aforesaid.

(6) An order (of injunction) commanding and enjoining the Governor of Lagos State to authorize and permit, and further commanding and enjoining that the Governor of Lagos State shall not prevent, or inhibit, or impair, or limit or otherwise place obstruction hindrance, disability, restraint, or constraint, by any other means whatsoever, in the way of the Hon. Mr. Justice Adebayo Manuwa’s immediate restoration to reinstatement in, and resumption, of, the full status, duties, obligations, functions, powers, benefits, privileges, and perquisites of incumbency in office as an Honourable Judge of the High Court of Lagos State.”