A journalist and human rights activist, Richard Akinnola, has filed a suit before a Lagos High Court sitting in Ikeja, against the Lagos State House of Assembly, asking for a declaration by the court that the decision of the defendant to set up a committee to investigate the allegation of financial impropriety levied against the executive and legislative arms of Lagos State government is unconstitutional.
Amongst other claims, Mr. Akinnola wants a perpetual injunction of the court restraining the defendant or its agents from proceeding on the purported investigation of the allegations levied against it by a group under the caption, “The True Face of Lagos”.
₦20m allegation
In the affidavit in support of the originating summon, Mr. Akinnola stated that a group under the caption “The True Face of Lagos” had, in the Punch Newspaper of January 28, 2010 placed an advert containing allegations of financial misappropriation against the executive and legislative arms of the state government.
Accordingly, the following allegations were made against the defendant: “it was alleged that each member of the House was given a sum of ₦20 million through a lawyer member of the House from the Lagos West Senatorial District, (the constituency of the Governor emeritus himself).” It continued, “when this was about to be leaked to the press, the Lion of Bourdillon used his powerful media contacts through two of his former aides who are media chieftains to suppress the leakage. Were this not to be the case, we would have otherwise sent these complaints to the House of Assembly. But since we no longer trust this pliant House of Assembly, we have decided to go public with the following...”
The group further alleged that the defendant was silent on the issue, “In all these aberrations, the Lagos State House of Assembly has kept mute, and the House has become inept, archaic, drab, docile and inefficient. All the noise by Mr. Speaker about accountability and probity was only to enable House members’ line their pockets and feed fat on the sweat and toil of the people of the state. It is also true that they have been given their own share of the loot, they are maintaining undignified silence over the report of the ad hoc committee set up to look into the books and activities of the Lagos State Government pursuant to section 103 of the 1999 Constitution with power expressly provided in section 1a, b (i) and (ii) as well as well as section 129 1 a b c and d.”
Defendant cannot investigate itself
Also in the affidavit, Mr. Akinnola held that on January 28, 2010 the defendant set up a six-man committee to investigate the allegation, a decision which according to him was not published in the official journal or Gazette of the defendant.
“On Wednesday 3rd of February, 2010 the Speaker of the Defendant inaugurated the Committee and stated clearly that the aim of setting up the Committee (Panel of Inquiry) and which he also referred to as a Public Hearing is ‘to show to the whole world that we have nothing to hide and that democracy is alive here in our clime.” Mr. Akinnola further contended that all the members of the investigation committee are also the ones against whom the allegations were levied. Based on this, he said “I believe that the Defendant cannot impartially investigate the allegations made against it collectively.”
He then concluded by stating that it is in the interest of justice to restrain the defendants from proceeding with the investigation since there is no pending bill before the defendant in respect of the allegations, to make a new law or to amend the existing one.”
No date has been fixed for the hearing of the suit.
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