By Bukola Kayode
Founder and Principal Partner of Castle of Law Chamber, Dr. Kayode Ajulo has criticized the position of the minister of State Labour and Productivity, Festus Keyamo SAN on the establishment and work carried out by the Lagos State Panel on the #EndSARS protests.
Ajulo in a personally signed statement argued that a “Tribunal of Inquiry is a residual matter within the legislative competence of the state government”.
‘Soldier/Police in Nigeria is capable of enjoying a dual status in the Federation”, the Abuja based lawyer further argued.
The statement read in part: “When a Soldier/Police is complying with the directions of the Governor of a state with respect to the maintaining and securing of public safety and public order within the State he is an agent of the State and not an agent of the Federal Government and can be so disciplined by the State
“I watched with rude shock, the Minister of State for Labour, Festus Keyamo, SAN’s comment on the legality of the Judicial Panel of Inquiry set up by the Lagos State Government in response to the October 20 #Endsars protest at the Lekki Toll Gate. Quite surprisingly, during his interview on Channels Television on Sunday, the Learned Silk posited stridently, howbeit erroneously that the Judicial Panel of inquiry set up by the Lagos State Government was illegal on the footing that the Panel investigated federal officers.
“As a prefatory, it is imperative to state that a careful look through the provisions of the second schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended), Tribunal of Inquiry is not one of the items in the Exclusive Legislative List or in the Concurrent List. Hence, same is a residual matter within the legislative competence of the State government”.
“This extant position of law was enunciated in the case of Fawehinmi v Babaginda (2003) 3 NWLR (Pt. 808) 604 where the Apex Court held that: when it is remembered that the 1999 Constitution has made no provision for Tribunals of Inquiry as did the 1963 Constitution in Item 39 of the Exclusive legislative List and item 25 of the Concurrent List, it follows that, to repeat myself on the point, the power to make a general Law for the establishment and regulation of Tribunals of Inquiry in the form of the Tribunal of Inquiry Act, 1966 is now a residual power under the 1999 Constitution belonging to the States.
“What is more, it is instructive to note that by virtue of Section 1 of the Tribunal of Inquiry Laws of various States, the State Government has the power to constitute a Tribunal of Inquiry to inter alia inquire into the conduct of officers of the Government”, the statement further read.
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