EXECUTIVE GOVERNOR OF KWARA STATE ATTORNEY-GENERAL OF KWARA STATE JUDICIAL COMMISSION OF ENQUIRY INTO THE ACTIVITIES OF CERTAIN PUBLIC INSTITUTIONS AND OFFICERS IN KWARA STATE COMMISSIONER OF POLICE, KWARA STATE V. ALHAJI MOHAMMED LAWAL ALHAJI RASAQ LAWAL ALHAJI SULEIMAN OLOWOJARE

MUNTAKA-COOMASSIE JCA (DELIVERING THE LEAD JUDGMENT): The respondents, who were the defendants at the lower court, commenced this action by way of an application for the enforcement of their fundamental rights to personal liberty and fair hearing, and claimed as follows:-

Reliefs Sought By the Applicants

“A. A declaration that the constitution of the 3rd respondent on March 8, 2004 by the 1st respondent is illegal and unconstitutional as it violates the applicants’ right to fair hearing guaranteed by section 36 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement)Act (Cap 10) Laws of the Federation of Nigeria, 1990.

An order prohibiting the 3rd respondent from considering,examining and determining any allegation or complaint concerning the applicants in any manner whatsoever and howsoever.

A declaration that the order of the 3rd respondent made on Wednesday, April 7, 2004 and announced on radio Kwara directing the 1st applicant to appear and give evidence befo…