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in their reliefs, the Applicants sought for a
declaration that the constitution of the Inquiry Commission on March 8 this year
by the State Governor was illegal and unconstitutional as it violated the
applicants right to fair hearing.
Also sought through the court was an order
prohibiting the Inquiry Commission from considering examining any allegation or
complaint concerning the applicants in any manner whatsoever and howsoever.
Other declaratory reliefs sought were that the
warrant of Arrest on the last two applicants made by the Commission on April 13,
2004 was also illegal, null and void and unconstitutional and an order
restraining the first to third respondents whether by themselves, their agents,
privies or servants from making any order, recommendation or findings in respect
of the applicants. In his
nine-page judgment delivered last Thursday, Justice Olayiwola stated that before
dealing with the merits of the matter, there were however, some preliminary
issues which have to be addressed first.
Said the judge: "I therefore see Exhibit 1 on
behalf of the respondents and applicants as the two side to the same coin. More
so, Exhibit F1 was the speech of the Chief Executive to the State and no one
should take any weight from the speech of the Chief Executive by whittling down
what it contains - Judicial Commission of Inquiry."
The judge said that in his opinion, Exhibit F1,
the speech of the Chief Executive is complete in intent composition and terms of
reference that it can stand on its own to justify the reactions of the affected
as they have done. Citing
extensive legal authorities to buttress his judgment, Justice Olayiwola remarked
while drawing the curtain, "In the light of the above, I am of the view that the
applicants are entitled to the reliefs sought. It is therefore ordered
accordingly." |