Honourable Michael Dapialong & Ors. V. Rt. Honourable Simon Lalong & Ors. (2007)

LawGlobal-Hub Lead Judgment Report

AKAAHS, J.C.A.

The plaintiffs who are the respondents in this appeal instituted suit No. PLD/J/451/2006 before the Plateau State High Court presided over by Nimpar J. by way of Originating Summons asking for a determination of the following questions:-

1. Whether the defendants can without the authority or authorization of the 1st plaintiff who is the Speaker of the Plateau State House of Assembly convene or arrange a meeting of the members of the Plateau State House of Assembly.
2. Whether the defendant (sic) can convene or hold a meeting of the Plateau State House of Assembly secretly or outside the official premises of the Assembly located along old Bukuru Road, Jos.
3. Whether the defendants can assume the position of the 1st plaintiff for any purpose whatsoever at a meeting not authorized or convened by the 1st plaintiff who is the Honourable Speaker of the Plateau State House of Assembly and without compliance with Section 92 of the Constitution of the Federal Republic of Nigeria, 1999 and the Rules of the Plateau State House of Assembly.
4. Whether the purported sitting of the Plateau State House of Assembly on the 5th of October, 2006 conducted by the defendants is valid in the circumstances having regard to the facts (sic) that the House was on recess and same having been adjourned sine die and a quorum was not formed.
5. Whether the 1st defendant, alone or in conjunction with the other defendants, can validly take any decisions, steps or issue any correspondence for himself or on behalf of the Plateau State House of Assembly in his purported or assumed capacity of the Speaker, Leader or Presiding Officer of the said House of Assembly.

RELIEFS SOUGHT

Upon answering the above questions in the negative by this Honourable Court, the plaintiffs seek the following reliefs:-

1. A DECLARATION that the defendants cannot without the authority or authorization of the 1st plaintiff who is the Speaker of the Plateau State House of Assembly convene or arrange a meeting of the members of the Plateau State House of Assembly.
2. A DECLARATION that the defendants cannot convene or hold a meeting of members of the Plateau State House of Assembly secretly or outside the official premises of the Plateau State House of Assembly along old Bukuru Road, Jos.
3. A DECLARATION that the defendants cannot assume the position of the 1st plaintiff who is the Honourable Speaker of the Plateau State House of Assembly and without compliance with Section 92 of the Constitution of the Federal Republic of Nigeria, 1999 and the Rules of the Plateau State House of Assembly.
4. A DECLARATION that all actions, decision (sic) or steps taken by or under the leadership of the 1st defendant in his purported or assumed capacity as the Speaker, Leader or Presiding Officer of the Plateau State House of Assembly are null, void, unconstitutional and of no effect whatsoever.
5. A DECLARATION that the purported sitting of the Plateau State House of Assembly conducted by the defendants on 5th October, 2006 is invalid, unconstitutional, null and void and of no effect whatsoever.
6. AN INJUNTION restraining the defendants from:

a. Convening a meeting of the Plateau State House of Assembly save and except with the authority or authorization of the 1st plaintiff.

b. Convening or holding any meeting of the Plateau State House of Assembly outside its official designated premises along Old Bukuru Road, Jos.

c. Assuming the position of the 1st plaintiff for any purpose whatsoever at a meeting not authorized or convened by the 1st plaintiff who is the Honourable Speaker of the Plateau State House of Assembly and without compliance with Section 92 of the Constitution of the Federal Republic of Nigeria, 1999 and the Rules of the Plateau State House of Assembly.

d. Restraining the 1st defendant from parading or continuing to parade or hold out himself as the Speaker, Leader or Presiding Officer of the Plateau State House of Assembly.

7. ANY CONSEQUENTIAL ORDER/RELIEFS to which the plaintiffs may be entitled in the circumstances.

The 1st plaintiff deposed to a 21 paragraph affidavit in support of the summons and annexed three documents marked Exhibits “A”, “B” and “c” respectively. Exhibit “A” is the Notice of Adjournment of the House sine die written by the Clerk of the House on 22nd August, 2006; while Exhibit B is the Rules of the Plateau State House of Assembly and Exhibit “C” is a letter to the Honourable Speaker of the Plateau State House of Assembly written by G.S. Pwul & Co. Solicitors at the instance of Hon. Pam Dongs and Hon. Peter Azi representing Jos South and Jos North – West Constituencies respectively in the Plateau State House of Assembly complaining about the desecration of the sanctity of the Plateau State House of Assembly.

A memorandum of conditional appearance dated 12th October, 2006 was filed by Solomon Umoh of Counsel on behalf of the defendants and on 16th October, 2006, he filed a Notice of Preliminary Objection. In support of the Notice was a 6 paragraph affidavit deposed to by Surayya S. Maigida, a legal practitioner attaching five exhibits marked “A”-“E” respectively. They are the Proceedings of the House of Assembly of 25th July, 2006 (Exhibit A & B respectively), the Hanzard of 25th & 26th July, 2006 (Exhibits “C” & “D” respectively) and Writ of Summons and Statement of Claim in Suit No. FHC/ABJ/CS/374/2006 between HON. SIMON LALONG & 13 ORS V INDEPENDENT NATIONAL ELECTORAL COMMISSION (Exhibit “E”).

In the said Notice of Preliminary Objection the defendants/applicants prayed for:-

1. An order striking out this suit for lack of jurisdiction.

Alternatively,

2. An Order dismissing this suit for being an abuse of court process.

The grounds of the objection were:

1. The Originating Summons suggest (sic) contentious issues and does not call for the interpretation of any document, accordingly, it is an incompetent process of court.
2. The plaintiffs have no locus standi to prosecute or maintain this action as they had lost their seats in the House of Assembly by operation of law and the same have since been declared vacant by the newly elected speaker of the Plateau State House of Assembly on the 5th of October, 2006. Alternatively:-

2(b) The plaintiffs lack the locus standi to question decisions of the House of Assembly in any court assuming they are indeed serving members of the House. See Adesanya v. FRN Vol. 2 ACLC pg. 1.; (1981) 1 NCLR 236