Executive Orders

 

GOVERNOR OF LAGOS STATE

EXECUTIVE ORDER (NO. EO/BRF/012 OF 2009)

TO:        ALL MINISTRIES, DEPARTMENTS AND AGENCIES

SUBJECT: ENTERING INTO TERMS OF SETTLEMENT/CONSENT JUDGMENT WITHOUT AUTHORITY OF THE STATE GOVERNMENT

PREAMBLE:
The State Government is party to several suits pending before different Courts. It is customary and indeed part of the functions of the Courts to encourage parties to settle disputes by amicable resolution. This is usually by agreeing to terms which is eventually filed in Court and entered as Consent Judgment of the Court in any particular suit.

Whereas it is also the policy of the State Government to promote the expeditious consideration and disposal of law suits by exploring settlement.

However, some Ministries, Departments and Agencies have entered into terms of settlement without due process or appropriate authority and thereafter agree to Consent Judgment creating avoidable financial and other obligations on the State Government.

NOW THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF LAGOS STATE, IT IS HEREBY

ORDERED:
That henceforth, no state functionary should CONCLUDE the negotiation of any settlement on behalf of the Government of Lagos State in relation to any suit or pending litigation in any Court in which the Government of Lagos State or any of its Ministry, Department 'or Agency is a party without the express written consent of the Honourable Attorney General and Commissioner for Justice of Lagos State acting on behalf of the State Government.

This Order is not intended to fetter the exercise of discretion of counsel to enter into and explore negotiations where the interest of justice so demand but it is intended to ensure that binding agreements are concluded with the knowledge of the appropriate authority.

Please give this order the widest publicity that it deserves.

This order is intended to improve the internal management of the State Government s or benefits. substantive or procedural, enforceable at law or in equity by a party against Lagos State, its departments, agencies or entities, its officers, employers or agents or any other person.

Issued this 26th day of May 2009.

Babatunde Raji Fashola SAN
Governor of Lagos State