1. The Petitioner has moved this Court under Articles 22, 23, 47 and 165 of the Constitution seeking, inter alia, conservatory orders restraining the Respondent from effecting his removal from office pending the hearing and determination of this Petition.
2. The application is expressed to be brought under certificate of urgency and is supported by the affidavit of the Petitioner.
3. The gravamen of the Petition is that the Respondent resolved to remove the Petitioner from office without affording him prior notice, adequate reasons, or an opportunity to be heard, contrary to Article 47 of the Constitution and the provisions of the Fair Administrative Action Act, 2015.
4. At this interlocutory stage, the Court is called upon to determine whether the Applicant has met the threshold for grant of conservatory orders.
5. Article 47(1) of the Constitution guarantees every person the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.
6. Article 47(2) further provides that where a right or fundamental freedom is likely to be adversely affected by administrative action, the person has the right to be given written reasons.
7. On the material presented ex parte, the Court is satisfied that the Petitioner has demonstrated an arguable case that his right to fair administrative action may have been violated.
8. If the removal is effected and a replacement appointed, reinstatement may be rendered impracticable and the substratum of the Petition destroyed.
9. The Court is persuaded that absent interim protection, the Petition may be rendered nugatory.
10. I make the following orders;
1. A conservatory order is hereby issued restraining the Respondents, whether by themselves their agents or servants, from effecting or implementing the decision to remove the Petitioner from office pending the inter partes hearing of the application or other orders as the court may deem appropriate upon appearance by the parties before it.
2. The application shall be served forthwith.
3. The Respondent shall file and serve its response within 14 days of service with leave for a supplementary affidavit granted to the Petitioner within 7 days of days of service of response.
4. The matter shall be mentioned on 9th April 2026 for directions as to hearing.
It is so ordered.
2. The application is expressed to be brought under certificate of urgency and is supported by the affidavit of the Petitioner.
3. The gravamen of the Petition is that the Respondent resolved to remove the Petitioner from office without affording him prior notice, adequate reasons, or an opportunity to be heard, contrary to Article 47 of the Constitution and the provisions of the Fair Administrative Action Act, 2015.
4. At this interlocutory stage, the Court is called upon to determine whether the Applicant has met the threshold for grant of conservatory orders.
5. Article 47(1) of the Constitution guarantees every person the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.
6. Article 47(2) further provides that where a right or fundamental freedom is likely to be adversely affected by administrative action, the person has the right to be given written reasons.
7. On the material presented ex parte, the Court is satisfied that the Petitioner has demonstrated an arguable case that his right to fair administrative action may have been violated.
8. If the removal is effected and a replacement appointed, reinstatement may be rendered impracticable and the substratum of the Petition destroyed.
9. The Court is persuaded that absent interim protection, the Petition may be rendered nugatory.
10. I make the following orders;
1. A conservatory order is hereby issued restraining the Respondents, whether by themselves their agents or servants, from effecting or implementing the decision to remove the Petitioner from office pending the inter partes hearing of the application or other orders as the court may deem appropriate upon appearance by the parties before it.
2. The application shall be served forthwith.
3. The Respondent shall file and serve its response within 14 days of service with leave for a supplementary affidavit granted to the Petitioner within 7 days of days of service of response.
4. The matter shall be mentioned on 9th April 2026 for directions as to hearing.
It is so ordered.