(2005) JELR 45276 (CA)    

Court of Appeal  ·  CA/IL/19/2004 ·  22 Jun 2005 ·  Nigeria
Other Citations
Towoju v. Gov., Kwara State (2005) 18 NWLR (Pt.957) 324
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
external auditors
learned trial judge
3rd respondent
governor of kwara state
kwara state
submission of the learned counsel
local government law of kwara state
lower court
commission of inquiry law of kwara state
constitution of the federal republic of nigeria
learned counsel
ultra vires
judicial commission of enquiry
kwara state government
strong view
house of assembly of the state
report of the external auditors
said law
virtue of section
accounts of the local government councils
clear case
house of assembly of kwara state
issue no.1
said report
set aside
1st plaintiff
action of the 1st respondent
approach of the learned trial judge
chairmanship of the 4th respondent
commission of enquiry law
constitutional matter
entire case
finances of the local government councils
first respondent
high court
high court of kwara state
judgment of the trial court
leading judgment
member of the said commission
paragraph affidavit
purported report
respect of the accounts
state government
subject matter
various newspapers
view of the learned counsel

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): By originating summons filed by the plaintiffs who are appellants in this appeal, the following 5 questions were sought to be determined as follows:

1. Whether the Governor of Kwara State has power(s) under the 1999 Constitution; the Commission of inquiry Law of Kwara State and the 1999 Local Government Law of Kwara State to set up the Judicial Commission of Enquiry in respect of the Accounts and Finances of the Local Government Councils in Kwara State from 1999 to May, 2002.

2. Whether the Governor or any other person or authority in Kwara State has power(s) under the 1999 Constitution and the 1999 Local Government Law of Kwara State to commission external auditors to examine the finances and audit the accounts of the Local Government councils in Kwara State, from 1999 to May, 2002; with particular reference to sections 7 and 128 of the Constitution and Section 59 of the Local Government Law of Kwara State, 1999.

3. Whether the Kwa…

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