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ASOGWA
V.
CHUKWU

(2002) JELR 56912 (CA)

Court of Appeal 25 Nov 2002 Nigeria
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- The dispute arose from the removal of the Speaker and Majority Leader of the Enugu State House of Assembly by 16 members (appellants), with claims that the process was unlawful, including the alleged participation of a suspended member. -

Case Details

Suit Number:CA/E/124M/2002
Judges:EUGENE CHUKWUEMEKA UBAEZONU, JCA (Presided) CLARA BATA OGUNBIYI, JCA
Counsel:A. O. Mogboh, (with him, J. Eneh, A. J. Offia (Mrs.), H. A. C. Umeh, (Mrs.) U. J. Mogboh (Mrs.), J. A. Ezema (Miss)) - for the -*- Appellants. A -*- S. I. Chime (H.A.S), A. U. Eloike (S.G.) C.N. Igboukwu - for the 17th Defendant/Respondent. -*- Prof. I. A. Okafor, Peter Eze, Agubuzo and A. Onyekwuluije - for the Plaintiff/Respondent.

PATS-ACHOLONU, JCA (Delivering the Lead Judgment): In this case, the respondents who were the plaintiffs had taken out summons against the appellants and the Honourable Attorney General of Enugu State who is the 17th defendant and also a respondent in this appeal. The plaintiffs claims as reflected in their pleadings run thus: “3. The 1st plaintiff is the Speaker of the House and was elected as such in 2000. The 2nd plaintiff is the Majority Leader of the House. 4. The 1st to 16th defendants are members of the House representing various constituencies in Enugu State and were elected under the Constitution.

The 1st - 16th defendants relocated to Abuja and on 25th July 2002 came in from Abujawith an uncountable number of official and unofficial security operatives and invaded the premises of the House to attend a sitting of the House summoned by the 1st, 2nd, 3rd, and 4th defendants and unleashed violence and terror on the employees and the security workers of the House.

The meeting of …

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