Hon. Zakawawu I. Garuba & Ors. V. Hon. Ehi Bright Omokhodion & Ors. (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Edo State High Court, Benin Judicial Division delivered by Acha, J. on 26th April, 2010 in Suit No. B/155/OS/2010. Due to a series of events at the Edo state House of Assembly that led to and affected the leadership positions of some of the Appellants, on or about 22nd February, 2010, the appellants as the Plaintiffs before the lower court filed an originating summons dated 2nd March, 2010 seeking for a determination of certain questions and series of declaratory and injunctive reliefs. They are as follows:-

1) “…A Declaration that not less than two-thirds majority of the 24 members of the Edo State House of Assembly is constitutionally required under Section 92(2)(c) of the Constitution of Federal Republic of Nigeria 1999 for the purpose of the removal of the Speaker and Deputy Speaker that is 16 members.

2) A Declaration that the purported removal of the 1st and 2nd Plaintiffs as Speaker and deputy Speaker by the 1st – 13th Defendants is unconstitutional, null and void, with no resolution of the Edo State House of Assembly and votes of not less than two-thirds majority of the members of the House as mandatorily required under section 92(2Xc) of the Constitution of Federal Republic of Nigeria, 1999

3) A Declaration that the purported Motion used by the 1st – 13th Defendants in purportedly removing the 1st and 2nd Plaintiffs as Speaker and Deputy Speaker respectively is unconstitutional, null and void and in breach of section 92(2)c) of the constitution of the Federal Republic of Nigeria 1999.

4) A Declaration that the right to Fair Hearing of the 1st and 2nd Plaintiffs as guaranteed by section 36 of the constitution of Federal Republic of Nigerian 1999 was breached by the failure of the 1st – 13th Defendants to serve a Notice of impeachment on the 1st and 2nd Plaintiffs before their purported removal

5) A Declaration that the purported appointment of the 1st and 3rd Defendant as the Speaker and Deputy Speaker respectively of the Edo State House of Assembly is null and void and of no effect whatsoever.

6) A Declaration that the purported appointment of the 2nd Defendant as the Speaker Protempore on the 22nd day of February, 2010 is unconstitutional null and void and of no effect whatsoever.

7) An order Nullifying the purported removal of the 1st and 2nd plaintiffs as the speaker and Deputy Speaker of the Edo State House of Assembly by the 1st – 13th Defendants on the 22nd day of February, 2010.

8) An Order Nullifying all purported acts orders and steps taken by the 1st – 13th Defendants from the 22nd day of February, 2010 till the date of judgment.

9) An order that the purported swearing in of the 1st and 3rd Defendants as Speaker and Deputy Speaker of the Edo State House of Assembly by the 14th Defendant is unconstitutional, null and void.

10) An Order that the 1st and 2nd Plaintiffs remain the Speaker and Deputy Speaker of the Edo State House of Assembly, with all rights and privileges.

11) An order of injunction restraining the 1st and 3rd Defendants from parading themselves as Speaker and Deputy speaker respectively of the Edo state House of Assembly.

This originating summons was supported by a 26 paragraph affidavit deposed to by the 1st plaintiff/Appellant and had copious documents as annexures as well as an affidavit of urgency. Upon being served with the summons and its supporting particulars and processes, the Defendants/Respondents entered appearance and responded to it in a similar manner, but as 4 sets of Respondents through 4 different counsel. The 1st – 4th Defendants/Respondents represented by Mr. Adeniyi Akintola SAN, 5th to 7th Respondents by Mr. Nnamonso Ekanem of Counsel, 8th – 11th Defendants/Respondents’ through Mr. Adetunji Oyeyipo SAN and 12th – 14th Defendants/Respondents through Mr. Rickey Tarfa SAN.