GOV. OF KADUNA STATE & ORS. V. KAGOMA
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GOV. OF KADUNA STATE & ORS. V. KAGOMA
166
GOV. OF KADUNA STATE & ORS. V. KAGOMA
5
1.
THE GOVERNOR OF KADUNA STATE
2.
THE PERMANENT SECRETARY,
10
MINISTRY OF LOCAL GOVERNMENT,
KADUNA STATE
3.
MR. JUSTICE ALHASSAN IDOKO
APPELLANTS
V
LAWAL KAGOMA
RESPONDENT
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SUIT NO. SC 64/1981
SUPREME COURT OF NIGERIA
FATAI-WILLIAMS, C.J.N.
SOWEMIMO,
J.S.C.
IRIKEFE,
J.S.C.
20
OBASEKI,
J.S.C.
ESO,
J.S.C.
NNAMANI,
J.S.C.
UWAIS,
J.S.C.
25th June, 1982
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Constitutional Law - Judicial Commission of Inquiry set up by Kaduna State
Governor under Commissions of Inquiry Law Cap.25 Laws of Northern Nigeria,
1963 and Local Government Law 1977 (Kaduna State) to look into affairs of
Local Government Council - If they are existing laws under 1979 Constitution
30
of the Federation - Institution of the Commission null and void without
sanction of state's executive council and ultra vices the Governor's powers
under said laws - Interpretation of statutes - Repeal - Courts' tendency to
lean against implied repeal - Effect of specific provisions of s.98 of Local
Government Law 1977 (Kaduna State) on s.2 of Commissions of Inquiry Law
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Cap. 25, Laws of Northern Nigeria, 1963.
ISSUES:
1.
Whether the provisions of section 2 of the Commissions of Inquiry Law, (Cap.
25) Laws of Northern Nigeria are repealed or abrogated by the provisions of
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section 98 of the Local Government law (No 1 of 1977).
2.
Whether s. 2 of the Commissions of Inquiry Law (Cap.25) and s.98 of'the Local
Government Law (No 1 of 1977) are existing laws under the 1979 Constitution
of the Federation.
3.
Whether the Kaduna State Governor in 1980 can set up a Commission of Inquiry
45
Into the Kaduna Local Government Council within the meaning of section
274(4)(b) of the 1979 Constitution.
FACTS:
The Governor of Kaduna State set up a commission of inquiry to inquire into
the various aspects of revenue, finances, accounting, auditing, meetings and con-
50
tracts in respect of the Kaduna Local Government Council since 1st April, 1977.
The Commission 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) which
167
NIGERIAN SUPREME COURT CASES
[1982] N.S.C.C.
with necessary adaptation, is applicable in Kaduna State, by section 98 of the Local
Government Law 1977.
A week after he set up the commission, the plaintiff commenced proceedings
in the High Court of Kaduna State claiming amongst others a declaration that the
setting up of the commission by the Governor to investigate the affairs of Kaduna
5
Local Government is null and void.
The trial Judge after considering the submissions of both parties dismissed the
plaintiffs claim in its entirety.
The plaintiff appealed to the Federal Court of Appeal, which in a majority judg-
ment, allowed the appeal, and set aside the judgment of the trial Judge. The de-
10
fendant further appealed to the Supreme Court.
On appeal, it was contended
inter alga
for the appellants that if the majority jus-
tices of the Federal Court of Appeal had paid due regard to the provisions of the
Commission of Inquiry Law as well as those of the Local Government Law, and
also to the relevant portion of the 1979 constitution, they would not have fallen into
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the error of deciding that the appellant had no power to set up the Commission of
Inquiry into the affairs of the Local Government Council without the sanction of the
State Executive Council. Also, that the Federal Court of Appeal should have had
due regard to the rules which apply to interpretation of statutes.
It was contended that though the Governor could not set up the Commission
20
under s.98 of the Local Government Law because there was no executive council
in the state, he could set it up under the Commissions of Inquiry Law (Cap.25).
HELD:
1.
That both of the laws i.e. The Local Government law and Commissions of
Inquiry Law (Cap.25) are existing Laws within the meaning of s.274 of the 1979
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Constitution of the Federation.
2.
That where there are two enactments, one making general provisions, as s.2
of the Commissions of Inquiry Law (cap.25) and the other making specific
provisions, as s.98 of the Local Government Law, the specific provisions are
by implication, excluded from the general provisions.
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3.
That since the 1979 constitution in s.171 states that the only constitutional
function which the executive council of a state is empowered to discharge is to
declare, in a laid down form, that the Governor is no longer capable of
performing his duties, the provision of s.98 (1) of Local Government Law which
tends to confer another power on the executive council, is inconsistent with
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s.171 of the Constitution and is therefore void. Thus no inquiry into the affairs
of the Kaduna Local Government could be set up by the appellant by virtue of
s.98 of the Local Government Law.
4.
That by virtue of the blanket provision in s.2 (1) of the Commissions of Inquiry
Law (cap.25) the Governor could on his own, set up a commission to look into
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the affairs of the Kaduna Local Government.
5.
That the Federal Court of Appeal was in error in holding that s.2 of the
Commissions of Inquiry Law (Cap.25) was impliedly repealed by s.98 of the
Local Government Law, and in holding that the appellant could not set up the
commission of inquiry by virtue of his power under s.2 of the Commission of
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Inquiry Law.
6.
That the judgment of the Federal Court of Appeal be set aside and the judgment
of the Kaduna High Court be restored and affirmed.
CASES REFERRED TO IN JUDGMENT:
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1.
Luby v. Warwickshire Miners Association
2.
Sharp v. Wakefield
3.
New South Wafes v. Commonwealth
20 C.L.R. 54 at 89.
4.
Kutner v. Phillips
(1891) 2 Q.B. 267 at 271, 272.
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