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ALAMIEYESEIGHA
V.
IGONIWARI & ORS

(2007) JELR 33866 (CA)

Court of Appeal 8 Mar 2007 Nigeria
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- The case involves a lawsuit filed by the plaintiff against the defendants, seeking declarations and reliefs related to allegations of impeachable offenses and the appointment of a panel to investigate these allegations. - The defendants f

Case Details

Suit Number:CA/PH/124/2006
Judges:SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria .J.CA. Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria J.CA. Justice of The Court of Appeal of Nigeria BODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria JCA. Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria J.CA. Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria JCA. (Dissented) Justice of The Court of Appeal of Nigeria
Counsel:Prof. A. B. Kasunmu, SAN (with him, Chief T. J. O. Okpoko,SAN; Chief Wole Olanipekun, SAN; Chief Mike OzekhomeEsq., Chief Mike Okoye; Peace Akpabio (Mrs); OromeOkodiya, Esq; Tunde Osadare, Esq; Eubena Amedu, Esq;Nkeiruka Okorie (Miss); Ronke Oladimeji (Miss); AmedeOputa (Miss) and Sonny Abere, Esq.) - for the Appellant. For Appellant Anthony George Okoli (SAN) (with him, Abiodun A. Olaleru,Esq., Patrick Opara, Esq., and P.O. Ogun, Esq.) Tayo Oyetibo, SAN (with him, Olaniran Obele, Esq) Yusuf O. Ali, SAN (with him, T. Ahmed, Esq. and Y. Dauda, Esq.) P.O. Affen, Esq (with him, PO. Omemu Esq., S.B. Egberipou, Esq. and E.K. Bribena, Esq. For Respondent

SULEIMAN GALADIMA, JCA (Delivering the Leading Judgment): The plaintiff before the lower court now appellant in this appeal commenced his action by a writ of summons and statement of claim against the defendants now the respondents jointly and severally before the High Court of Bayelsa State on 16/12/2005 in suit No. YHC/173/2005. He sought for the following declarations and reliefs:

"1. A DECLARATION that the 1st defendant is constitutionally obliged to appoint only such persons as are not disqualified under section 188(5) of the Constitution of the Federal Republic of Nigeria, 1999 as members of the panel to investigate allegations of impeachable offences leveled against the plaintiff as contained in the impeachment notice dated 18th November, 2005.

2. A DECLARATION that the 1st defendant has failed in the performance by him of his constitutional duty under section 188(5) of the 1999 Constitution by his appointment of the 4th, 5th, and/or 8th defendants as members of the investigati…

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