Elder Dr. Friday Sani V. Kogi State House Of Assembly & Ors (2019)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, C.J.N.

This is an appeal against the judgment of the Court of Appeal Holden in Abuja in appeal No. CA/A/540/2018 delivered on the 20th day of March, 2018 in which the Court allowed the appeal of the present respondents against the judgment of the Kogi State High Court in suit No. IDHC/6/2017 delivered on the 29th day of June, 2017 which was accordingly set aside. The lower Court remitted the suit to the Honourable Chief Judge of Kogi State to be assigned to another Judge for trial by pleadings.

The appellant. as claimant before the Kogi State High Court No. 2 Lokoja instituted an action against the respondents by way of Originating Summons and sought 19 reliefs.

The questions submitted to the trial Court for determination are as follows:

1. WHETHER Order 10 Rule 1 of the Standing Rules of the Kogi State House of Assembly is not offensive to the spirit and letters of the Nigerian Constitution (as amended), undemocratic, illegal; null and void, insofar as it empowers members of the majority party in the House of Assembly of Kogi State,

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to determine and/or elect, who represents the minority party, as their (minority) leader, in the State House of Assembly.

2. WHETHER the All Progressives Congress, controlled 1st defendant presided over by the 2nd defendant did not act wrongfully, and their said action liable to be set aside, when they discountenanced the nomination letter of 20th March, 2017 vides which majority members of the minority party in the State House of Assembly elected, and communicated their election of the Plaintiff as their leader at the Kogi State House of Assembly.
3. Assuming but not conceding to the legality of Order 10 Rule 1 of the Standing Rules of the Kogi State House of Assembly, WHETHER the purported allocation of the position of minority leader to the 3rd defendant by the 1st and 2nd defendants when neither nomination nor election was conducted, is not illegal, null and void
4. WHETHER the purported emergence of the 3rd defendant as the minority leader on the determining choice of the majority party members and despite the protestation of the minority party members whom he is meant to represent, is not illegal, null or void and liable to be set aside.<br< p=””

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WHETHER the Plaintiffs Presentation of a motion on a matter of urgent public importance titled Save the Souls of Kogi Workers and dated 17th January 2017 on the floor of the Kogi State House of Assembly, is wrongful and justifiable as a reason for 3rd defendant or any member of his executive or the members or any member of the 1st defendant to express in words action, any animosity towards the Plaintiff.

6. WHETHER the 1st defendant has the power to suspend or purport to suspend the plaintiff from the performance of his legislative duties
7. WHETHER in view of the determination of questions 1, 2, 3, and 4 above, the 3rd defendant is entitled to remunerations for the office of minority leader of the Kogi State House of Assembly from the 21st March , 2017 when he purported assumed to that position.
8. WHETHER the Plaintiff is not deemed to have been properly elected to the position of the minority leader of the Kogi State House of Assembly from 21st March 2017, when his nomination and election by the minority members of the 1st defendant was communicated the 2nd defendant and thus entitled to all the privileges and entitlement thereof.

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WHETHER the 1st and 4th defendants have the powers, to unilaterally create additional two principal offices/position or any office/position at all in the 1st defendant assembly, when there is no provision in any law, or the rules of the 1st defendant enabling the action.”

Thereafter appellant as plaintiff claimed the following nineteen reliefs:

“1. A DECLARATION that Order 10 Rule 1 of the Standing Rules of the Kogi State House of Assembly is offensive to the spirit and letters of the Nigerian Constitution (as amended), undemocratic, illegal, null and void, insofar as it empowers members of the majority party in the House of Assembly of Kogi State, to determine and/or elect, who represents the minority party, as their leader, in the House of Assembly.

2. A DECLARATION that the All Progressives Congress’ controlled 1st defendant presided over by the 2nd defendant acted wrongfully, and their said action liable to be set aside, when they discountenance the nomination letter of 20th March, 2017 vides which majority members of the minority party in the State House of Assembly elected, and communicated their

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