TABAI, JCA (Delivering the Lead Ruling): This action commenced at the Abeokuta Division of the High Court of Ogun State on the 9th July, 2001 when the writ of summons was issued. The plaintiff is/was a member of the Ogun State House of Assembly. The 1st defendant is the Speaker of the Ogun State House of Assembly, while the 2nd defendant is the House of Assembly and the 3rd defendant the Attorney-General of Ogun State. The claims against the defendants jointly and severally are -
“1. Declaration that the decision of the 1st and 2nd defendants for purportedly forfeiting the plaintiff’s seat as a Honourable member of Ogun State House of Assembly is unconstitutional, illegal, null and void and of no effect whatsoever.
2. Injunction restraining the defendants whether by themselves, agents, servants, privies or anybody, persons or group of persons deriving authority through them from acting on or giving effect to the said decision.”
On the 25/7/2001 the plaintiff filed a motion on notice …