NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Yola Division on appeal against the judgment of the High Court of Taraba State which struck out appellant's Originating Summons seeking to set aside his impeachment by the Taraba State House of Assembly.
Appellant was serving his second term as Deputy Governor of Taraba State.
On the 4th of September, 2012 members of the Taraba State House of Assembly laid before the Speaker of the said House, a notice of complaint of gross misconduct against the appellant. On the said 4th September, the complaint was served on the appellant for his reaction. Appellant duly prepared and forwarded his reply to the charges laid against him.
On 18th September, 2012 the House passed a Motion, pursuant to Section 188(4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to investigate the allegations of gross misconduct against the appellant. Consequent upon th…