Public Officer (60)
HELD:
"I think that a holistic and purposive application of those provisions would help a proper balancing of the competing imperatives so that the public enforcement of criminal law against serving judicial officer would have regard to and not destroy the protection of the independence of the Courts and so that protection of the independence of the Courts must not defeat the enforcement of criminal law.
HELD:
"I am of the firm view that the submissions and arguments of learned senior counsel for the Appellant cannot sail through in the light of the powers of the National Judicial Council as provided under Paragraph 21 (b) to the Third Schedule of the Constitution.
HELD:
"The institution of criminal proceedings by an executive agent of government against a serving judicial officer without first recourse to the National Judicial Council is unconstitutional, and the proceedings would be null and void and of no effect.
HELD:
"the contention of J. S. Okutepa, SAN, learned senior counsel for the appellant, is that the prosecutorial power that is constitutionally - donated to the State must take precedent over any administrative disciplinary proceeding of the NJC.
HELD:
"Section 158 (1) (supra) provides inter alia In exercising its powers ... to exercise disciplinary control over persons, ... the National Judicial Council, ... shall not be subject to the direction or control of any other authority or person [Italics supplied for emphasis] On its part, paragraph 21 (b) of the Third Schedule to the said Constitution provides that:
HELD:
"...the Appellant ought to have instituted his action within three months from the 28th and 29th of September 2000, when the letters disengaging him from the Civil Service of Edo State, were issued.
HELD:
"The Appellant's main line of argument in this appeal is that the 1st Respondent who removed him from office and on whose instruction the Appellant was prematurely retired is not a public officer to be protected by Section 2(a) of the Public Officers Protection Law of Bendel State, applicable to Edo State.
HELD:
"It is important to note that recourse will only be had to the Interpretation Act/Law where the applicable statute or the Constitution is unclear or does not define or explain the term or phrase in issue.
HELD:
"Section 3 of the Interpretation Law Cap 16 Vol. III Laws of Bendel State 1976 applicable to Edo State, defines a Public Officer thus: -