THE Lagos High Court sitting in Ikorodu, on Tuesday, declared unconstitutional, null and void, the probe instituted by the Lagos State House of Assembly against the Lagos State government and legislative arm over allegations of impropriety based on an advertorial placed in a national paper by a group called “The New Face of Lagos.”

Justice Hakeem Abiru upheld all the reliefs sought by the petitioner, who had asked the court to stop a six-man investigative panel set up by the legislature to investigate the executive by declaring the act as unfair and unconstitutional.

“It is hereby declared that the action of the defendant, in setting up and inaugurating a six-man committee investigating allegations of financial impropriety levelled against the executive and legislative arms of government by a group published in the Punch newspaper of January 28, 2010, under the caption, “The True Face of Lagos” pursuant to its resolution passed on the 28th of January 2010, without that resolution having been first published in its journal or in an official gazette of the Lagos State Government, is a fundamental breach of the provisions of Section 128 (1) of the constitution of the Federal Republic of Nigeria, 1999 and is, therefore, unconstitutional, illegal, unlawful, ultra vires and of no effect whatsoever,” Justice Abiru said.

In addition, the court gave an order of injunction, restraining the defendant, whether by itself, agents, members, officers, privies or whosoever or howsoever, from proceeding with or acting on its resolution of 28 January, 2010, directing the investigation of allegation of financial impropriety levelled against the executive and legislative arms of government by a group published in the Punch newspaper of January 28, 2010, under the caption, “The True Face of Lagos,” pursuant to its resolution passed on the 28th of January 2010, without that resolution having been first published in its journal or in an official gazette of the Lagos State Government.

Justice Abiru averred that based on the principle of natural justice, the house could not act on the said purported newspaper publication, by “a faceless group.” Though recognising the power of the House to investigate a financial impropriety or any misdemeanor of any kind, the judge held that it must follow due process.

The court aligned with the position of the petitioner that allegations on the pages of a newspaper publication without formal petition, could not amount to due process in setting up an investigative panel and consequently, the court restrained the House from carrying out the said investigation against the executive, describing it as a fundamental violation of the principle of natural justice.

Justice Abiru asked that if there was another advertorial every other week, what would happen to the business of lawmaking. He concluded that, “This court is not, and must not be understood to be castigating the members of the House or teaching them on how to do their jobs; it is only raising questions that it thinks the members can take into consideration in future similar situations.”

The claimant, Mr. Richard Akinnola, had, on February 8, 2010, prayed the court to determine whether the lawmaker could validly or lawfully investigate or cause to be investigated the said allegations.

It will be recalled that an order of interim injunction was earlier granted on February 10, 2010 by the court to restrain the lawmakers from proceeding with the investigation and subsequently refused to vacate the order.

Akinnola, through his lawyer, Bamidele Aturu, had urged the court to determine whether the lawmaker could validly or lawfully investigate or cause to be investigated the said allegations and determine “Whether the defendant could validly or lawfully investigate or cause to be investigated allegations of financial impropriety levelled against the executive and the legislative arms of the Lagos State government by a faceless group outside the purview of Section 128 (2) of the 1999 Constitution.“

The Lagos House of Assembly had in late January this year, set up the panel with a mandate to investigate the executive over financial impropriety, investigate part of the allegations which alleged the lawmakers of culpability in the misconduct.

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