The Governor of Kaduna State set up a commission of inquiry to inquire into the various aspects of revenue, finances, accounting, auditing, meetings and con-tracts in respect of the Kaduna Local Government Council since 1st April, 1977. The Commission was set up by the Governor under and in exercise of the powers conferred upon him by section 2 of the Commissions of Inquiry Law (cap-25) which with necessary adaptation. Is applicable in Kaduna State, by section 98 of the Local Government Law 1977.

A week after he set up the commission, the plaintiff commenced proceedings in the High Court of Kaduna State claiming amongst others a declaration that the setting up of the commission by the Governor to Investigate the affairs of Kaduna Local Government is null and void.

The trial Judge after considering the submissions of both parties dismissed the plaintiffs claim in its entirety.

The plaintiff appealed to the Federal Court of Appeal, which in a majority judg-ment, allowed the appeal, and set aside the judgment of the trial Judge. The de-fendant further appealed to the Supreme Court.

On appeal, it was contended inter alia for the appellants that if the majority jus-tices of the Federal Court of Appeal had paid due regard to the provisions of the Commission of Inquiry Law as well as those of the Local Government Law, and also to the relevant portion of the 1979 constitution, they would not have fallen into the error of deciding that the appellant had no power to set up the Commission of Inquiry into the affairs of the Local Government Council without the sanction of the State Executive Council. Also, that the Federal Court of Appeal should have had due regard to the rules which apply to interpretation of statutes.

It was contended that though the Governor could not set up the Commission under s.98 of the Local Government Law because there was no executive council in the state, he could set it up under the Commissions of Inquiry Law (Cap.25).