with any dissenting or separate statements of Committee members” Emphasis
ours.
87. This regulation contemplates two (2) actions: Firstly, the report must indicate
a statement of the vote of each member. Secondly, the report must also be signed
by all members of the Committee. The Court had earlier addressed the implication
of the absence of signature on the Report. With regards to the votes, a reading of
the said Annexure C shows that it was not accompanied by any statement of votes
of members as required by the said regulations.
88. Furthermore, Section 20 of the Judicial Discipline Regulations, 2017
provides that an investigation Committee shall be composed of not less than three
and not more than five Members of the Council.
89. As it stands, Annexure C is not only inconsistent with the universal law of
Evidence on admissibility of documents but it fails to be in conformity with the
provisions of the Regulations under which the Committee was set up. The
committee shot its self on both legs so to say. The consequence of this breach is
that the Respondent has not discharged the burden of proving the regularity and
by extension competency of the Committee. The assertion of the Applicant that
only one member presided over the deliberation on the last day is therefore taken
as proved. A proceeding where one of its member is absent and therefore unable
to partake in the deliberation, to listen to witnesses, watch their demeanour yet
sits to render an adverse decision against the Applicant is not only a mistrial but
a fundamental defect in the proceedings which renders it a nullity.
90. The Court will therefore not hesitate to declare that the said Annexure C is a
worthless piece of paper devoid of any evidentiary value and therefore is
inadmissible to support the defence of the Respondent. Consequently the
allegation that only one member of the Committee sat to hear the case on 9th of
January 2018 same being uncontroverted, establishes as a fact the irregularity of
the Committee with regards to its numbers and a conclusive proof of its
incompetence which renders the decision emanating from it a nullity. In that wise,
the Court aligns itself with the previous decision of this court where it held that
“It is a well establish principles of law that a Court is competent when it is
properly constituted as regards numbers and qualification of members of the
bench and no member is disqualified for one reason or another…………..”
AFOLABI OLAJIDE Vs FRN (2004) ECW/CCJ/04 page 65 paragraphs 32 (1-3)
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