Posted by By Dayo Johnson on
THE court of Appeal sitting in Benin has quashed a life ban imposed on a former Education Commissioner in Ondo State, Princess Oladunni Odu from holding any political office by a panel of inquiry constituted by the immediate past administration in the state.
THE court of Appeal sitting in Benin has quashed a life ban imposed on a former Education Commissioner in Ondo State, Princess Oladunni Odu from holding any political office by a panel of inquiry constituted by the immediate past administration in the state.
Former governor of the state, Chief Adebayo Adefarati had set up the Justice Rasheed Fawehinmi Panel of inquiry to probe activities of his military successors and their commissioners from January 1995 to May 1999.
They were indicted and asked to pay millions of naira to the coffers of the state government aside a life ban from holding political office.
Dissatisfied with the government white paper on the inquiry, Princess Odu through her counsel Mr. Clement Akpamgbo (SAN) went to the state high court for redress.
In her judgement Justice Helen Ogunwumiju refused Odu"s application to quash the Judicial Panel of Inquiry recommendation and its white paper for failure to comply with order 43 rule 4 of he state High Court rules.
Dissatisfied with the judgement of the State High Court, Odu approached the court of Appeal Benin.
Delivering a lead judgment in a unanimous decision by the three Judges of the Court Of Appeal Justice Rabiu Danlami Mohammad set aside the judgment of the Ondo state high Court on the life ban and the repayment of N22m to government.
The appellate court held that the trial court erred in law by allowing the negligence on the part of the counsel to affect the appellant's case.
The appellate court predicated it's ruling on the fact that Princess Oladunni Odu was not given a fair hearing during the trial and that the judgment of the trial court was based on technicalities rather than on merit.
The court also held that the trial court should not have allowed strict adherence to the procedures of the court rules becloud her judgment more so as it was discovered that the appellant was not given fair trial at the commission of inquiry.
The judgment delivered by Justice Amaiza said: "Much as I appreciate the trial court's reasons for striking out the application, Justice must prevail over technicalities, and it is in the interest of justice to allow this appeal, and I s o hold.
"In the final analysis, I find merit in the appeal, and it is allowed. The part of the judgment of the trial court as it affects only Order 43 Rule 5 (6) and Rule 6 (1) of the Ondo state High Court (Civil Procedure) Rules is hereby set aside.
"The judgment of the trial court at pages 259 -- 268 of the Record of proceedings delivered on the 12th of November 2002, wherein it was held that the Application for Certiorari has merit is hereby affirmed and the Application is granted as prayed. I make no order as to costs.