Hon. Mike Balonwu & Ors V. Mr. Peter Obi & Anor (2007)

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JIMI OLUKAYODE BADA, JCA

The Plaintiff before the lower court now 1st Respondent in this appeal commenced his claim against the Defendants now appellants by Originating Summons before the High Court of Anambra State on 30th day of October 2006 in Suit NO.0/599/2006 – Mr. Peter Obi V. Hon. Mike Balonwu & Others. Later on with the leave of court, the Plaintiff filed an amended Originating Summons and sought for the following declarations and reliefs:-

“(i) Declaration that by virtue of Section 188(2) of the 1999 Constitution of the Federal Republic of Nigeria the Plaintiff was entitled to be personally served with a notice of any allegation of Gross Misconduct against him within 7 days of the 1st Defendant’s receipt of the Notice of allegation dated 16th October 2006.

(ii) Declaration that the failure to personally serve the Plaintiff with the Notice of allegation against him dated 16th October 2006 within a period of 7 days from 16th October 2006 vitiates the said notice and all other proceedings arising therefrom in the process of the impeachment of the Plaintiff including the request on the Chief Judge of the State to set up a 7 man panel to investigate the said allegations and the resolution of the 6th Defendant accepting same.

(iii) Declaration that the address of the Notice of allegation of gross misconduct dated 16th October 2006 to the Secretary to the State Government, office of the Secretary to State Government, Government House Awka as against to the Plaintiff in his office at Awka is an act of bad faith which violates the provisions of Section 188(2) of the 1999 Constitution of the Federal Republic of Nigeria.

(iv) Declaration that the purported service of the Notice of allegations of misconduct in the Daily Sun of Friday October 20 2006 or to any other Newspaper violates Section 188(2) of the 1999 Constitution of the Federal Republic of Nigeria.

(v) Declaration that the request on “the Secretary to Government” to cause the resolution to be placed before their Excellencies the Governor and Deputy Governor of Anambra State respectively violates the requirement of service of notice of allegation in writing envisaged by Section 188(2) of the 1999 Constitution of the Republic of Nigeria.

(v)(a) Declaration that failure to serve all members of the Anambra State House of Assembly with notice of allegation of gross misconduct within 7 days from 16th October 2006 as required by Section 188(2) of the Constitution violates all subsequent impeachment processes and rendered same void.

(vi) Declaration that in view of the subsisting Order made by C.O. Amechi J. in Suit No:HID/207/2006 Okeke V. Hon. Mike Balonwu & Others restraining the 1st Defendant and members of the 6th Defendant herein and their agents, privies etc from continuing to do anything or take steps or continuing to take steps based on the purported impeachment notice pending the determination of the Motion on Notice filed in the said suit, the Defendant cannot take any valid steps on the matter of impeachment of the Plaintiff including the request on the Hon. Chief Judge Anambra State to set up a 7 man-panel and the resolution of the 6th Defendant accepting same.

(vii) Declaration that in view of the appointment and swearing in of Frank Onyenwuzo as the Clerk of the Anambra State House of Assembly the proceeding of the House of Assembly held on 25th October 2006 in which the Hon. Chief Judge Anambra State was directed to set up a 7 man-panel vitiates the proceedings of the Anambra State House of Assembly of 25th October 2006 including the request on the Hon Chief Judge Anambra State to appoint a panel of 7(Seven) to investigate the allegations of gross misconduct as contained in the purported notice of 16th October 2006, and the resolution of the 6th Defendant accepting same.

(viii) Declaration that the Defendants cannot validly embark on the request for the Hon. Chief Judge Anambra State to appoint a panel of 7(seven) to investigate allegations of corruption being allegation of criminal offences as contained in the purported notice of allegation of gross misconduct as contained in the letter of 16th October 2006.

(viii(a) Declaration that the Defendants cannot validly pass the resolution for the Chief Judge of Anambra State to settle, (sic) a 7 seven man investigation panel to investigate the allegations of gross misconduct against the Plaintiff in a session of the 6th Defendant with 15members in attendance out of the 30 members of the House.

(viii(b) Declaration that the requirement of Section 188(4) of the 1999 Constitution which requires that the resolution of the 6th Defendant calling for the investigation of the allegation of gross misconduct against the Plaintiff can only be passed with 2/3rd majority of vote of all the members of the 6th Defendant cannot be complied with by the defendants by voice vote.

(viii(c) Declaration that the proceedings of the 7 man-panel held without any rules of procedure prescribed by the 6th defendant is invalid and a nullity.