Mamman Abubakar Danmusa V. Dr. Mustapha Muhammadu Inuwa, Chairman Caretaker Committee, Dan Musa Local Govt. & Anor (2007)

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ARIWOOLA, J.C.A.

This appeal emanated from the decision of Katsina State High Court, per Abdullahi Yusuf, J. delivered on 17th October, 2002 wherein the appellant’s application was dismissed.

Briefly put, the facts of the case are that sometime on 7/10/02, the appellant had brought an ex parte application dated the same 7/10/2002.

The said application was for the following reliefs:

“Leave of this Honourable Court to apply for an order of prohibition against.

(i) Dr. Mustapha Muhammadu Inuwa, Chairman Caretaker Committee Danmusa Local Government and the Permanent Secretary Inspectorate Department of the Local Government, Katsina State from considering a proposal to build a new Local Government Secretariat costing for (sic) built by Sani AbuMinister at the cost of twenty six million naira and from executing the said proposal.

(ii) An order making the grant of the leave to the applicant to act as a stay of all actions in respect

of the building of the secretariat until the final determination of the substantive matter.

(iii) And such further order or orders as this Honourable Court deem fit and just to make in the circumstance.”

Attached to the said application were, statement in support containing the name, address and description of the applicant, and an affidavit of 21 paragraphs to which the applicant personally deposed. Annexed to the said affidavit are various documents marked exhibits A. B. C. D and E respectively.

The said application was heard by the court on 17th October, 2002 and ruling was delivered on the same day. The trial court in his ruling dismissed the appellant’s application for lacking in merits.

Dissatisfied with the said ruling, the applicant filed a notice of appeal on 21/10/02, containing three grounds of appeal as follows:

“GROUNDS OF APPEAL:

Ground One