Alhaji Bashir Zubairu Usman V. Kaduna State House of Assembly & Ors (2007)

LawGlobal-Hub Lead Judgment Report

BABA ALKALI BA’ABA, J.C.A.

 This is an appeal against the judgment of the Kaduna State High Court of Justice, holden at the Kaduna Judicial Division in Suit No. KDH/KAD/575/200G, delivered on the 31st day of October, 2006, by Hon. Justice H. Gwadah, of the Kaduna State High Court.

The appellant herein was the plaintiff at the trial court, where he instituted an action against the respondents who were the defendants by an endorsed writ of summons dated the 22nd day of August, 2006 and claimed from all the defendants jointly and severally per his paragraph 17 of his statement of claim as follows:

“17. WHEREOF, the plaintiff claims from all the defendants jointly and severally as follows:

1. A declaration that the purported expulsion of the plaintiff by the 2nd Defendant as a member of Kaduna State House of Assembly as well as declaring the plaintiff’s seat vacant by the House is unconstitutional null and void.

2. Declaration that the Plaintiff is still a member of the Kaduna State House of Assembly until he is legally and/or constitutionally removed.

3. A declaration that the 1st and 2nd Defendants are not competent to declare as vacant the seat of the plaintiff nor can the 2nd Defendant expel the plaintiff as a member of Kaduna State House of Assembly.

4. An order of perpetual injunction restraining the Defendants, either by themselves or through their servants or agents howsoever described from expelling the Plaintiff as a member of the Kaduna State House of Assembly and/or declaring his seat in the House vacant (as the 2nd Defendant purported to have done on the 9th day of August, 2006).

5. An injunction restraining the Defendants, their servants and agents from unlawfully and unconstitutionally preventing or interfering with the plaintiff’s right to continue to hold his seat as a member of the House of Assembly of Kaduna State.

6. N500,000,000 damages for a breach of the plaintiff’s Constitutional rights, embarrassment, injury to his name and reputation as a result of the said unlawful act of the Defendants.

7. For such further order or others order or orders as the Honourable Court may deem fit to make in the circumstance. ”

Pleadings were ordered, filed and exchanged by the parties. The appellant as the plaintiff filed his Statement of Claim dated the 11th day of August, 2006 contained at pages 4 – 7 of the printed record while the respondents as defendants filed their joint statement of defence dated 18/9/2006 contained at pages 39 – 43 of the printed record. The reply to the Joint statement of defence is dated 19/9/06, contained at pages 44 – 47 of the printed record.

Sequel to the hearing and determination of the motion dated 31/8/2006, brought pursuant to the

provisions of Section 295(2) of the Constitution of the Federal Republic of Nigeria, 1999, supported by a five paragraph affidavit, filed by Mr. Toro, SAN, learned Senior Counsel for the Defendants/applicants/respondents, the learned trial Judge delivered a ruling dated 12/9/06 contained at pages 129 – 136 of the printed record. Parts of which read as follows: