Court bars Lagos Lawmakers from investigating Fashola. Why?

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A Lagos High Court sitting in Ikorodu has ruled that the Lagos State House of Assembly (LAHA) cannot go ahead with its intended investigation of Governor Babatunde Fashola over financial recklessness earlier levelled against the governor by a group-'True Face of Lagos' in a newspaper publication in January, this year. 

Justice Akeem Abiru granted all the relieves sought by the petitioner, Richard Akinola, asking the court to stop the six-man investigative panel set up by LAHA to investigate Fashola.   

Akinola, a journalist, had on February 8, 2009 approached the court, praying it to determine whether the lawmakers could validly or lawfully investigate or cause to be investigated the said allegations when themselves were also alleged to have received N20 million as bribe from Fashola. 

Abiru, in his ruling, averred that based on the principle of natural justice, the House could not act on a purported newspaper publication by "a faceless group." While recognising the power of the legislature to investigate allegations of financial impropriety or any misdemeanor, 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 without a formal petition could not amount to due process in setting up a probe panel. It consequently restrained the lawmakers from carrying out the said investigation, describing this as a fundamental violation of the principle of natural justice. 

Abiru granted the prayers of the petitioner, affirming that the investigation committee "is unconstitutional, illegal, unlawful, ultra-vires and of no effect whatsoever."

Source: Court bars Lagos lawmakers from investigating Fashola

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