LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Fundamental Rights — Personal Liberty — Tribunal of Inquiry Cannot Impose Fine or Imprisonment
PRINCIPLE STATEMENT
Sections 5(d), 11(1)(b), 11(4), and 12(2) of the Tribunals of Inquiry Act are unconstitutional in that they empower a tribunal to impose a sentence of fine or imprisonment in contravention of sections 35(1)(a) and 36(1) of the 1999 Constitution.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Fawehinmi & Ors v. Babangida & Ors (2003) NLC-3602001(SC) at pp. 27–28; Paras A–C.
"Sections 5(d), 11(1)(b), 11(4) and 12(2) of the Act are unconstitutional and invalid in so far as they purport to empower a tribunal of inquiry to impose a sentence of fine or imprisonment in contravention of sections 35(1)(a) and 36(1) of the 1999 Constitution."
EXPLANATION / SCOPE
Tribunals of inquiry cannot impose criminal penalties. The principle applies to constitutional law. Only courts of law can impose fines or imprisonment. The rule protects fundamental rights. Any contrary statutory provision is unconstitutional. The principle is well-established.
