DR. IME SAMPSON UMANAH V. OBONG (ARC.) VICTOR ATTAH & ORS
June 5, 2025BASIL AKPA V. THE STATE
June 5, 2025Legalpedia Citation: (2006) Legalpedia (SC) 71251
In the Supreme Court of Nigeria
Fri Sep 22, 2006
Suit Number: SC.147/200
CORAM
SALIHU MODIBBO ALFA BELGORE, CHIEF JUSTICE NIGERIA
UMATU ATU KALGO, JUSTICE, SUPREME COURT
PARTIES
THE ATTORNEY GENERAL OF LAGOS STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant had lost its majority shareholding status in Eko Hotels Limited due to sale of its shares to the 2nd respondent in 1995. The Appellant set up a tribunal of enquiry via a legal notice four years later to investigate the procedure of the sale of the shares, four members of the respondent were invited, upon their refusal, the appellant issued warrant for their arrest and detained them, this made the respondents commence the action at the federal high court.
HELD
The court held the respondents have locus to institute the action, the legal notice (a subsidiary legislation) concerned with the regulation of corporate bodies, a matter on the exclusive list is unconstitutional is null and void, and to hold that the decision of a quasi judicial body is not subject to judicial review or appeal is an open invitation to anarchy.
ISSUES
1. Whether the respondents had the necessary locus standi to maintain the action against the appellant.2. Whether the Tribunal of Inquiry set up by the appellant via Legal Notice No. 10 of 1999 was a quasi-judicial body liable to an order of prohibition.3. Whether the terms of reference of the Tribunal of Inquiry complained about by the respondents pertain to civil causes or matters arising from the operation of the Companies and Allied Matters Act.4. Whether the lower court was right in holding that Legal Notice No. 10 of 1999 was null and void having regard to its finding that terms of reference No.4 in the said Notice is within the internal affairs of Lagos State Government.5. Whether the Lagos State Government can in 1999 validly set up a Tribunal of Inquiry, pursuant to Tribunal of Inquiry Law, Cap 190 Laws of Lagos State to inquire into the conduct or affairs of persons who at all material times relevant to the enquiry, were officers in the public service of the state.
RATIONES DECIDENDI
LOCUS STANDI
“It is the law that the proper plaintiff respect of share holding in a company is the company itself. It is only when claim of a shareholder is related to his personal claim in the company that the company will be denied to sue on the ground that it has no locus standi NIKITOBI, JSC
REVIEW OF DECISIONS OF TRIBUNALS OF INQUIRY
“if a Tribunal of inquiry in the exercise of its power to investigate and recommend, determines question that affect the rights of individuals or I may add. corporate entities, it is under a duty to act judicially and is thereby subject to judicial review” PER ONNONGHEN JSC
REVIEW OF DECISIONS OF TRIBUNALS OF INQUIRY
To hold that the Tribunal of Inquiry is an administrative body not subject to judicial review will make the recommendations or decisions or whatever of that body if accepted or approved by the Governor not subject to judicial review or appeal, thereby leaving those who are dissatisfied with such decision, recommendations with no legal remedy but a recourse to possible self help which amounts to an open invitation to anarchy. PER ONNONGHEN JSC
CONSTITUTIONALITY OF LAWS OF STATE
section 14 (2) of Cap 190 of the Laws of Lagos State of Nigeria is glaringly unconstitutional PER ONNONGHEN JSC
CASES CITED
COMPANIES AND ALLIED MATTERS ACT CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIALAGOS STATE LEGAL NOTICE NO. 10 OF 1999
STATUTES REFERRED TO
None.
