Tribunals of Inquiry as a Residual Matter Under the Nigerian Constitution: Resolving the Nigerian Conundrum

Tensions between federating units and the Federal Government over areas of influence and control is a normal and common feature of federalism. This is why most constitutions attempt to solve this problem by providing for the various spheres of influence and control. But it is obvious that there will always remain some grey areas which call for authoritative pronouncements by the courts to enable the wheels or machinery of government to function smoothly and not grind to a halt. One such grey area under the contemporary Nigerian federalism is the area of tribunals and commissions of inquiry. This article was stimulated by the recent Court of Appeal decision in Egbuniwe v FGN wherein the Court, following the earlier Supreme Court decision in Fawehinmi v Babangida, held that the Federal Government does not have power to institute an inquiry over every matter within Federal competence anywhere in the Federation except the Federal Capital Territory. Fawehinmi v Babangida was in turn based on the 1963 decision of the Privy Council in Balewa v Doherty. The decision of the court in Egbuniwe v FRN is a far-reaching decision of

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