LEGAL PRINCIPLE: ADMINISTRATIVE LAW — Commissions of Inquiry — Recommendations — Binding Effect
PRINCIPLE STATEMENT
Where a commission's powers are advisory, deliberative, or investigatory, its recommendations have no legal and binding effect until accepted and confirmed by the authorising body. However, the authority may express its mind on the recommendations pending implementation.
RATIO DECIDENDI (SOURCE)
Per Wali, JSC, in The Governor of Oyo State v. Oba Ololade Folayan (1995) NLC-2561989(SC) at p. 19; Paras. A–C.
"Where the powers vested in a commission are of advisory, deliberative or investigatory character, the commission cannot make binding and conclusive pronouncements since whatever decision it takes or recommendation it makes will have no legal and binding effect until it is accepted and confirmed by the authorising body. But this does not mean that the authority cannot express its mind on the recommendations contained therein pending its implementation."
EXPLANATION / SCOPE
Commission recommendations are not binding unless accepted by the authorising body. The principle applies to all advisory commissions. The authority may express preliminary views. The rule distinguishes between advisory and adjudicative bodies. The court will not enforce recommendations as binding decisions. The authorising body must accept and confirm them. The principle protects against unilateral imposition of recommendations. The authority may implement after acceptance.