HON. DELE ABIODUN V. THE HON. CHIEF JUDGE OF KWARA STATE & ORS

CORAM

PARTIES

HON. DELE ABIODUN APPELLANTS

1. THE HON. CHIEF JUDGE OF KWARA STATE

2. THE GOVERNOR OF KWARA STATE

3. THE LEGISLATIVE COUNCIL OF EKITI LOCAL GOVERNMENT

4. EKITI LOCAL GOVERNMENT COUNCIL

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant who was Claimant at the trial court was duly elected at a general election as the Executive Chairman of Ekiti Local Government Council with its headquarters at Isolo Opin in Kwara State on 31st March, 2003. Prior to the expiration of his tenure which was expected to expire on 31st March, 2007, the 2nd Respondent announced the suspension of the Appellant on the State’s radio and television on 16th September, 2005. Upon investigation following the suspension, allegations were raised by the Councilors of Ekiti Local Government against the Appellant. Subsequently a meeting of the council at Isolo Opin decided against any investigation of the allegations against the Appellant. On 22nd December, 2005, another meeting of the Council was held at Irepodun Local Government wherein a decision of the council was allegedly taken requesting the Chief Judge of Kwara State to constitute a panel to investigate the allegation under Section 28(5) of the Kwara State Local Government Law of 2005. The decision of the Council was not received by the Chief Judge until the 19th January, 2006, twenty-eight days after the decision was taken. The Appellant filed an action in which the power and authority of the Chief Judge to act on the resolution of the council and his suspension were challenged. While the case was pending after all the Respondents have caused appearance by counsel in the matter and inspite of written protests by the Appellant, the Chief Judge appointed a 7-man panel to investigate the allegations about sixty eight days after he was informed. Section 28(5) of the Local Government Law provides for seven days within which a Local Government Council Speaker shall inform the Chief Judge to appoint a 5 man panel to investigate an allegation against a Chairman. The Appellant and his counsel protested and submitted the court processes to the Panel which disregarded same and proceeded to conduct investigation as directed by the Chief Judge. The court dismissed the suit and entered judgment in favour of the Defendants holding that though the suspension of the Claimant was unlawful and unconstitutional, the procedure for his removal as Chairman was however, found to be lawful and constitutional. Dissatisfied with the judgment of the lower court, the Appellant filed this appeal.

HELD

Appeal Allowed

ISSUES

1. Whether the learned trial Judge was right in failing to pronounce upon and nullify the appointment by the Chief Judge of a panel to investigate the allegations against the Appellant while the suit challenging the legality of the appointment was pending?

2. Whether the learned trial Judge was right in acting upon inadmissible evidence despite the mandatory provisions of the Evidence Act?

3. Whether the learned trial Judge having held that the suspension of the appellant under section 29 of the Local Government Law of Kwara State, 2005, was unconstitutional, illegal, null, void and of no effect whatsoever, can turn around to validate the removal of the appellant by the respondent?