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DAPIANLONG & ORS
V.
DARIYE & ANOR

(2007) JELR 44071 (CA)

Court of Appeal 8 Mar 2007 Nigeria
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- The case arose from the impeachment of Chief (Dr.) Joshua Chibi Dariye, Governor of Plateau State, by a faction (6 or 8 out of 24 members) of the Plateau State House of Assembly on 13 November 2006. - The key legal challenge was whether t

Case Details

Suit Number:CA/J/302/2006
Judges:ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria MOHAMMAD LADAN TSAMIYA Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria
Counsel:Solomon Umoh (with him, S. Oyawole, Ayodele Adewale, I.Y Umaru and Ajibola Ige) For Appellant E. Toro, SAN (with him, P.A. Akubo, SAN, O. Akobundu, H.N. Ugwula, S. Waklek, YS. Bawa, G.N. Pam (Mrs.) and N.Q. Ezeneche [Mrs.]) - for the 1st Respondent E.G. Pwajok A.-G. Plateau State (with him, L.I. Walle DDCL Mal Plateau State, O.D. Milaham ADPP, S.P. Gang ADCL,V.Z. Dadom AD, G.P. Baba A.D., I. Kwakfut PSC and G.E. Dashe PSC) - for the 2nd Respondent For Respondent
Other Citations:Dapianlong v. Dariye [2007] 8 NWLR (Pt.1036)

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The 1st respondent as the plaintiff before the Plateau State High Court No.3 Jos Coram Damulak J., commenced this action by way of originating summons on the 27th November, 2006 whereby he sought for the determination of these questions and the granting of these reliefs;

1. Whether the one-third (1/3) of the members of the Plateau State House of Assembly envisaged under section 188(2) of the Constitution of the Federal Republic of Nigeria, 1999 (hereinafter called "the Constitution") for the purpose of signing a notice of allegation against a Governor or Deputy Governor (in this case the plaintiff) includes the person presiding over the House whether as Speaker or other presiding officer.

2. In view of the clear and mandatory provisions of section 91 of the Constitution whether the House of Assembly of Plateau State established under section 90 of the said Constitution can be properly constituted by a faction of only 6 (or 8?) ele…

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