TRIBUNALS OF INQUIRY (VALIDATION, ECT.) ACT

19755 sectionsFederal Republic of Nigeria

Section 1: Validation of tribunals and inquiries etc.

(1) Where on or after the commencement of this Act (but before 30th September, 1977), the appropriate authority in a State has instituted any triburial or inquiry (however etc.described or constituted)-
(a) to inquire into any matter concerning the administration of the affairs of any person or of any body, whether corporate or unincorporate, in the State; or
(b) to inquire into any aspect of the exercise of his official duties by a public officer of the State; or
(c) to inquire into the conduct of any person whether or not a public officer of the State in so far as it concerned any of the matters mentioned in paragraph (a) or (b) of this subsection; or
(d) to inquire into any matter whatsoever in the State, the tribunal or inquiry as aforesaid shall notwithstanding anything to the contrary in any enactment, law or rule of law, be deemed to have been validly instituted or constituted.
(2) The question whether any tribunal or inquiry to which subsection (1) of this section relates was or has been validly instituted or constituted, or whether any Law or subsidiary instrument under which the tribunal or inquiry was instituted (or purported to have been instituted) had been validly made shall not be inquired into in any court; and if any action or other proceeding whatsoever has been or is instituted in any court in respect of any such question the action or other proceeding shall be void.

Section 2: Validation of forfeiture orders, etc.

(1) Any Law or subsidiary instrument made by the appropriate authority in a State and any act or thing done by the appropriate authority in respect of the implementation of the report of any tribunal or inquiry to which section 1 of this Act applies respecting-
(a) the forfeiture or other disposal of the property of any person; or
(b)
the dismissal, retirement or any other exercise of disciplinary control over any public officer of the State or any member of any body, whether corporate or unincorporate, in the State,
shall be deemed to have been validly made or done and shall have full effect in accordance with its tenor.
(2) The question whether any Law or subsidiary instrument or any act or thing to which subsection (1) of this section relates was validly made or done shall not be inquired into in any court; and if any action or other proceeding whatsoever has been or is instituted in any court in respect of any such Law or subsidiary instrument or act or thing the action shall be void.

Section 3: Supplemental.

(1) For the purposes of section 1 or 2 of this Act, it shall be immaterial-
(a) that the Law or instrument concerned was expressed as having been made in exercise of any particular law or power, or that any act or thing done was expressed as having been done in exercise of any power conferred under any particular law;
(b)
that, where applicable, the procedure set out in the Investigation of Assets (Public officers and other Persons) Decree 1968 or the Public officers (Special Provisions) Decree 1976 or in any-other Act, Decree or enactment has or has not been followed or that the requisite consent under any of those enactments was or was not obtained;
[1968 No . 37]
(c) that the law or power under which an act or thing was done was not stated.
(2) Without prejudice to the foregoing provisions of this Act, Chapter IV of the Constitution of the Federal Republic of Nigeria is hereby suspended for the purposes of this Act, and no question whether any provision thereof has been or is being or would be contravened by anything done or proposed to be done in pursuance of this Act shall be inquired into in any court of law; and accordingly section 213(2)(b) and (c) of that Constitution shall not apply in relation to any such question.

Section 4: Interpretation.

(1) In this Act, unless the context otherwise requires-
"appropriate authority" means the Governor of a State and any person or authority acting under the direction of the Governor of the State.
(2) The reference in this Act-
(a)
to a State shall be construed as including a reference to a State created under the States (Creation and Transitional Provisions) Decree 1967; and
[1967 No .14]
(b) to a tribunal or inquiry shall be construed as including a reference to any committee, commission, panel or any other person or body, however described or constituted, appointed to inquire into any matter to which section 1 of this Act relates.

Section 5: Short title.

This Act may be cited as the Tribunals or Inquiries (Validation, Etc.) Act.