Alhaji Ikira Aliyu Bilbis V. Attorney-general, Zamfara State & Ors (2003)

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BABA ALKALI BA’ABA, J.C.A.

This is an interlocutory appeal against the ruling of Mika’ilu, J., (as he then was) of the Zamfara State High Court of Justice delivered on 23/5/2002. In the substantive suit in the court below, the appellant herein as the plaintiff commenced an action against the respondents in this appeal who were the defendants by writ of summons dated 12/7/2001 and claimed the following reliefs:

”Declaration

1. That the recommendation for the dismissal of the plaintiff as the Executive Chairman of Tsafe Local Government Council to the Zamfara State Government by the Zamfara State House of Assembly following the report of the House Committee on Local Government and Chieftaincy Affairs on the investigation of the financial misappropriation by the suspended Chairman Tsafe Local Government, is illegal, unlawful and unconstitutional.
2. That the approval of the recommendations for the dismissal of the plaintiff by the Governor of Zamfara State and the eventual removal of the plaintiff, is illegal, unlawful and unconstitutional same having been based on an illegal recommendation of the house.
3. That the report of the Committee on Local Government and Chieftaincy Affairs on the investigation of the financial misappropriation by the suspended Chairman Tsafe Local Government upon which the 2nd defendant based its recommendation for the dismissal of the plaintiff is devoid of any fairness by reason of bias on the part of the 3rd – 5th defendants who alleged that the plaintiff had offered them bribe which they collected.
4. That the 3rd – 5th defendants were incompetent to sit and or continue to sit as members of the House Committee on Local Government and or chieftaincy affairs for the purposes of investigation or continuing to investigate the alleged financial misappropriation by the plaintiff by reason of the allegations of bribery and corruption against the plaintiff by the 3rd – 5th defendants which rendered them subceptible to investigations along with the plaintiff and thereby rendered them incompetent to fairly justly carry out or continue to carry out any investigation concerning the allegations made against the plaintiff and give unbiased report to the 2nd defendant capable of being relied on by reason of bias.
5. That the alleged irregular withdrawal of money by the plaintiff as Executive Chairman of Tsafe Local Government from the Council’s account maintained at United Bank for Africa simpliciter in the absence of the signatories of the accounts who deliberately, wilfully and knowingly abandoned their duty posts without handing over their respective offices, and fully aware that their absence would bring to a near total collapse of the administration of the Local Government and without any criminal intention does not render the plaintiff criminally liable.
6. That the alleged irregular withdrawals by the plaintiff if done was the most convenient means of keeping the wheels of governance of the Local Government from been grounded by their calculated, deliberate and wilful action by the signatories who abandoned their duty post without making arrangements for the continuity of the functions of the Local Government.
7. An order setting aside the purported dismissal of Alhaji Ikira Aliyu Bilbis, as the Chairman of Tsafe Local Government.
8. A declaration that the plaintiff is still the elected Chairman of Tsafe Local Government.
9. An order of perpetual injunction, restraining the 1st and 2nd defendants from holding out and/or parading the 6th defendant as the Chairman of Tsafe Local Government.
10. An order of perpetual injunction restraining the 6th defendant from carrying on the duties and/or functions of the Chairman of the Tsafe Local Government or in any way operating as the said Chairman.”

Pleadings were duly filed and exchanged between the parties and trial commenced with the appellant closing his case after calling six witnesses. However, the respondents as defendants who opened their case on 3/4/2002 had their case closed by the court within three weeks by the court in its ruling dated the 29/4/2002, before concluding their defence. Dissatisfied with the ruling dated 29/4/2002, the respondents appealed against the ruling and filed a motion on notice dated 8/5/2002 filed the same date, praying the Honourable Court for the following orders:

“1. AN ORDER staying further proceedings in substantive suit No. ZMS/GS/34/2001 pending the hearing and determination of the applicants/defendants appeal No. ZMS/CA/K/5/2001 to the Court of Appeal, Kaduna against the ruling of the High Court Gusau delivered on the 29th April, 2002.

And such further or other orders as this Honourable Court may deem fit to make in the circumstances.”

The motion was supported by a five paragraph affidavit deposed to by one Musa Abdullahi of Sabon Fegi Area, Gusau, a Litigation Clerk in the Attorney-General’s Chambers and read as follows:

“2. That by virute of my position aforesaid, I am conversant with the facts stated therein.

3. That I have authority of my employers and defendants/applicants to depose to this affidavit.
4. That on the 8th day of May, 2002 at about the hours of 12.30 p.m., I was informed by Alh. Ahmad Bello Mahmud, the Attorney-General of Zamfara State in his office and in the course of my official duties and which information I verily believe as follows:

(a) That the respondent had filed suit No. ZMS/GUS/34/2001 against the applicants herein.

(b) That the respondent had opened his case and closed same on 12/11/2001 and 19/4/2002, thereafter, the

applicants opened their defence on 3rd April, 2002.

(c) That upon the oral application of the respondent, the court rejected the applicants plea for last adjournment to close their case by calling their last witness (the 3rd defendant in the suit) and tender vital documents in their defence.

(d) That the court consequently ordered the closure of the defence and the applicants case on 29/4/2002.

(e) That the applicants being dissatisfied with this ruling appealed against it before the Court of Appeal, Kaduna on 7th May, 2002; the notice and grounds of appeal and receipt for payment of the notice of appeal in appeal No. ZMS/CA/K/5/2001 are exhibited herewith and marked A and B.