Sir Jude Agbaso V. Speaker, IMO State House Of Assembly & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment)

The Appellant was the Deputy Governor of Imo State until 28th March, 2013 when he claimed the 2nd Respondent, that is IMO STATE HOUSE OF ASSEMBLY purportedly removed the Appellant from office of Deputy Governor.

Naturally aggrieved by the said action of the 2nd Respondent, the Appellant instituted the action culminating into this appeal vide Originating Summons at the Court below on 30th day of April, 2013 asking for the following reliefs and questions for determination couched as follows:

“1. A DECLARATION that by virtue of Section 188(2) Constitution of the Federal Republic of Nigeria 1999 (hereinafter referred to as CFRN 1999), the Claimant is entitled to personal service of Notice of any Allegation of Gross Misconduct against him within seven days of receipt of such Notice by the 1st Defendant.

2. A DECLARATION that the failure of the 1st Defendant to cause the document entitled “Petition Pursuant to S.188(1) 1999 Constitution (As Amended) Re: Gross Misconduct By the Person of Sir Jude Agbaso, Deputy Governor of Imo State” dated 7th March, 2013 to be personally served on the Claimant within seven days from 7th March, 2013 when it was received by the 1st Defendant. VITIATES the said document and all subsequent steps and proceedings arising therefrom.
3. A DECLARATION that the publication of the document entitled “Petition Pursuant to S.188(1) 1999 Constitution (As Amended) Re:Gross Misconduct by the person of Sir Jude Agbaso, Deputy Governor of Imo State” dated 7th March 2013, in the Daily Sun Newspaper of Thursday, March 14, 2013 DOES NOT COMPLY with the mandatory constitutional requirement for personal service of a Notice of Allegation of Gross Misconduct under Section 188(2) CFRN 1999.
4. A DECLARATION that the petition entitled “Petition Pursuant to S.188(1) 1999 Constitution (As Amended) Re: Gross Misconduct by the Person of Sir Jude Agbaso, Deputy Governor of Imo 9tate” dated 7th March, 2013 published at page 42 of the Daily Sun Newspaper of Thursday March 14, 2013 is NOT the same as the Notice of Allegation of any Gross Misconduct provided for under Section 188(2) CFRN 1999.
5. A DECLARATION that the purported “Motion to do this investigation” passed by the 1st Defendant on Wednesday, 13th March, 2013 that the purported allegation against the Claimant be investigated as contained in the 1st Defendant’s letter dated March 13, 2013 to the Hon. Chief Judge of Imo State, was NOT validly passed when the purported “Petition for the Impeachment” of the Claimant was only published on Thursday, 14th March, 2013, in the Daily Sun Newspaper in violation of section 188(2) CFRN 1999.
6. A DECLARATION that in view of the pendency of SUIT NO.HOW/178/2013: SIR JUDE AGBASO VS. IMO STATE HOUSE OF ASSEMBLY & OTHER the purported removal of the Claimant on 28th March, 2013 is a deliberate disrespect for Judicial Process, Rule of Law and breach of right of fair hearing and null and void.
7. A DECLARATION that the inauguration/setting up of the Panel of Seven Persons under the Chairmanship of the 3rd Defendant to investigate the allegations against the Claimant, by a Judge of the Imo State High Court, Hon. Justice Goddy Anunihu, instead of the appointer of the Panel the Hon. Chief Judge of Imo State, is INVALID a Judge of the High Court having no role whatsoever under Section 188 CFPN 1999 in the appointment and inauguration/setting up of the said Panel.
8. A DECLARATION that by virtue of Section 36 and 188(6) CFRN 1999, the purported ‘Report’ hastily issued on 28th March, 2013 by the Panel of Seven Persons appointed to investigate the allegations under the chairmanship of the f Defendant, after a single sitting, without notice to the claimant and without hearing the claimant in his defence OFFENDS the Rules of Natural Justice and accordingly unconstitutional null and void.
9. A DECLARATION that the alleged consideration and adoption by the 2nd Defendant of the said ‘Report’ on 28th March, 2013 after the Panel purportedly held its first and only session; the purported removal of the claimant from office thereupon and the submission, consideration and confirmation of the Governor’s nominee to replace the claimant, all on the same day, DEPRIVES the entire process of the elements of justice, fairness and legitimacy and thereby rendering them unjust, unfair, mala fide. prejudicial and in violation of the letters and spirit of section 36 and 188 (6), (7), (8) and (9) CFPN 1999.
10. A DECLARATION that all the alleged steps taken by the Defendants leading to the purported removal if the claimant as Deputy Governor of Imo State are NOT in compliance with the provisions of Section 188 CFRN 1999.
11. A DECLARATION that the purported removal of the Claimant as the Deputy Governor of Imo State by the 1st and 2nd Defendants is unconstitutional, null and void and of no effect whatsoever.
12. A DECLARATION that the Claimant is and still remains the Deputy Governor of Imo State and is entitled to all his salaries allowances, emoluments and other paraphernalia of office as Deputy Governor of Imo State.
13. AN ORDER setting aside all the alleged steps taken by the Defendants leading to the purported removal of the Claimant as the Deputy Governor of Imo State.
14. AN ORDER setting aside the 2nd Defendant’s purported removal of the Claimant from office as Deputy Governor of Imo State.
15. AN ORDER directing the 4th Defendant to pay or ensure the payment to the Claimant of his salaries, allowances, emoluments, and ensure restoration of all the Claimant’s paraphernalia of office as Deputy governor of Imo State.
16. AN ORDER OF PERPETUAL INJUNCTION restraining the 1st, 2nd and 4th Defendants whether by themselves or their servants, from interfering with stopping preventing or obstructing the Claimant from resuming and continuing in his elected office as the Deputy Governor of Imo State.

For the determination of the following Questions:

1. Whether by virtue of Section 188(2) Constitution of the Federal Republic of Nigeria 1999 (CFRN 1999), the Claimant is entitled to personal service of Notice of any Allegation of Gross Misconduct against him within seven days of receipt of such Notice by the 1st Defendant?
2. Whether the failure of the 1st Defendant to cause the document entitled “Petition Pursuant to S.188(1) 1999 Constitution (As Amended) Re: Gross Misconduct by the Person of Sir. Jude Agbaso, Deputy Governor of Imo State” dated 7th March, 2013 to be personally served on the Claimant within seven days from 7th March, 2013 when it was received by the 1st Defendant, does not vitiate the said document and all subsequent steps and proceedings arising thereform.
3. Whether the publication of the document entitled “Petition Pursuant to s.188(1) 1999 Constitutional (As Amended) Re: Gross Misconduct by the Person of Sir, Jude Agbaso, Deputy Governor of Imo State” dated 7th March 2013, in the Daily Sun Newspaper of Thursday, March 14, 2013 complies with the mandatory constitutional requirement for personal service of a Notice of Allegation of Gross Misconduct under Section 188(2) CFRN 1999?
4. Whether the petition entitled “Petition Pursuant to S.188(1)1999 Constitution (As Amended) Re: Gross Misconduct by the Person of Sir, Jude Agbaso, Deputy Governor of Imo State” dated 7th March, 2013 published at page 42 of the Daily sun Newspaper of Thursday March 14, 2013 is the same as the Notice of Allegation of any Gross Misconduct provided for under Section 188(2) CFRN 1999?
5. Whether the purported “Motion to do this investigation” passed by the 2nd Defendant on Wednesday, 13th March, 2013 that the purported allegation against the Claimant be investigated as contained in the 1st Defendant’s letter dated March 13, 2013 to the Hon. Chief Judge of Imo State, was validly passed when the purported “Petition” for the Impeachment of the claimant was only published on Thursday, 14th March, 2013, in the Daily Sun Newspaper in violation of Section 188(2) CFRN 1999?
6. Whether in view of the pendency of SUIT NO.HOW/178/2013, SIR. JUDE AGBASO VS. IMO STATE HOUSE OF ASSEMBLY & OTHERS, the purported removal of the Claimant on 28th March, 2013 is not a deliberate disrespect for Judicial process and Rule of Law and accordingly null and void?
7. Whether the inauguration/setting up of the Panel of Seven Person under the chairmanship of the 3rd Defendant to investigate the allegations against the claimant, by a Judge of the Imo State High Court, Hon. Justice Goddy Anunihu, instead of the appointer of the Panel, the Hon. Chief Judge of Imo State, was valid when a Judge of the High Court has no role whatsoever under Section 188 CFRN 1999 in the appointment and inauguration/setting up of the said Panel?
8. Whether the purported ‘Report’ hastily issued on 28th March, 2013 by the Panel of Seven Persons appointed to investigate the allegation under the chairmanship of the 3rd Defendant, after a single sitting and without notice to the claimant and without hearing the claimant in his defence does not offend the Rules of Natural Justice and accordingly unconstitutional, null and void?
9. Whether the alleged consideration and adoption by the 2nd Defendant of the said ‘Report’ on 28th March, 2013 after the Panel purportedly held its first and only session; the purported removal of the claimant from office thereupon and the submission, consideration and confirmation of the Governor’s nominee to replace the claimant, all on the same day, do not deprive the entire process of the elements of justice, fairness and legitimacy and thereby making them unjust, unfair” mala fide, prejudicial and in violation of the letters and spirit of Sections 36 and 188(6), (7), (8) and (9) CFRN 1999?
10. Whether the Claimant can be removed from office as Deputy Governor of Imo State without strict compliance with the provisions of section 188(1) – (9) of the 1999 Constitution?
11. Whether all the alleged steps taken by the Defendants leading to the purported removal of the claimant as Deputy Governor of Imo State are in compliance with the provisions of section 188 CFRN 1999?”

I think one should say in passing that the Appellant did not in his Originating Summons order his reliefs and questions for determination properly. He placed the Cart before the horse. It is always better and neater for a Claimant to seek for determination of questions the Claimant intend for answers from the Court. The Claimant will immediately, after the listed questions for determination seek the reliefs he wants which reliefs are always contingent upon the answers to all or any of the questions posed for determination of the Court.

See:

Order Rules 5, 6, 7 and 8 of the Imo State High (Court Civil Procedure) Rules 2008.

The Originating Summons was accompanied by 36 paragraphs Affidavit deposed to by the Appellant as follows:-

“AFFIDAVIT IN SUPPORT OF ORIGINATING SUMMONS

I, SIR, JUDE AGBASO, Male, Public Officer, Nigerian and Christian of Ezedibia Village, Emekuku, Owerri North Local Government Area, Imo State do solemnly make on Oath and states as follows:

1. I am the Claimant in these proceedings and the Deputy Governor of Imo State until 28th March, 2013 when the 2nd Defendant purported to have removed me from office, by virtue of which position I am familiar with the facts of this Suit. The facts deposed to in this Affidavit are within my personal knowledge as the Claimant save where otherwise stated.
2. The 1st Defendant is the Speaker of the Imo State House of Assembly, while the 2nd Defendant is the Imo State House of Assembly.
3. The 3rd Defendant is the Chairman of the Panel of 7 Persons appointed to investigate the purported allegations against me, sued for himself and as representing the members of the said Panel.
4. The 4th Defendant is the Chief Law Officer of Imo State and the custodian of public rights.
5. Sometime early in 2013, I became aware that the Governor of Imo State, Owelle Rochos Okorocha, was plotting to get me removed from office as Deputy Governor of Imo State as part of his plans to take me out of Government based on political calculations for upcoming 2015 Elections.
6. The 1st Defendant had also set up a committee which he called “Special Ad Hoc Committee to Investigate the Remote Cause(s) of Stoppage/Abandonment of Work on some Roads in Owerri, Orlu and

Okigwe Municipolities”.

7. One Mr. Joseph Dina, a Lebanese, Managing Director of one JPROS International Limited and a friend of the State Governor, Owelle Rochos Okorocha, was invited by the Committee.
8. JPROS International Limited is a State Government’s road contractor brought in by the Governor. Mr. Dina appeared before the Committee and alleged that I requested a bribe of N458 Million from him and sent two account numbers by SMS, which sum he paid. The alleged sum was allegedly paid from N1.15 Billion approved for him by the Governor and paid upfront as 100% payment for the contract.
9. On Sunday, 3rd March, 2013, I become aware that the Ad Hoc Committee’s work was part of a plot to remove me from office and informed the Governor, Owelle Rochas Okorocha, who denied the allegation and asked the 1st Defendant to summon the Committee members to his official residence by 7pm. The Governor, who presided over the session, encouraged the Legislators to continue with their investigation on road contracts and punish anybody found guilty. I did not know that everything had been arranged to remove me from office by any means.
10. I denied the allegation and protested that the allegation was trumped-up and requested the Committee to take time to trace the alleged bribe money being a colossal sum which could neither hide nor simply disappear. I informed the Committee that I would apply for my SMS and call logs from MTN to show that I did not send any SMS to the Lebanese friend of the Governor as he alleged. I immediately applied for the call logs for the relevant period through the Director of State Security Service (SSS) in Imo State.
11. The Committee did not heed my demand for this thorough and yet simple investigation but hastily submitted a ‘Report’ purportedly indicting me for corrupt enrichment by taking a bribe of N458 Million and recommended that a vote of no confidence be passed on me. This is the background of the saga which forms the subject-matter of another action, SUIT NO.HOW/174/2013, SIR, JUDE AGBASO V. HON. SIMEON IWUNZE & OTHERS, now before the Court of Appeal.
12. I further depose as follows:

(a) At pages 42 and 43 of the Daily Sun Newspaper of 14/3/2013, the 1st and 2nd Defendants published documents entitled “Petition pursuant to S.188(1) 1999 Constitution (as amended). Re: Gross misconduct by the person of Sir, Jude Agbaso, Deputy Governor of Imo State”; “Particulars of misconduct pursuant to Section 188(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)”; and on affidavit sworn to the High Court Registry Owerri on 12/3/2013. The copies of the said publication are annexed and marked EXHIBITS “A” and “B”.

(b) I was never served with any of the documents contained in the aforesaid publication in the Daily Sun Newspaper of 14/3/2012.