DAPIANLONG & ORS
V.
DARIYE & ANOR

(2007) JELR 44071 (CA)    

Court of Appeal  ·  CA/J/302/2006 ·  8 Mar 2007 ·  Nigeria
 · 
Other Citations
Dapianlong v. Dariye [2007] 8 NWLR (Pt.1036)
CORAM
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
Core Terms Beta
plaintiff
preliminary objection
originating summons
1st defendant
appellants
2nd-7th defendants
1st respondent
constitution of the federal republic of nigeria
lower court
trial judge
2nd respondent
grounds of appeal
decision of the lower court
members of the plateau state house of assembly
impeachment proceedings
interim report
learned trial judge
acting chief judge of plateau state
court of appeal act
gross misconduct
man panel of investigation
end of the matter
said constitution
13th november
2nd defendant
house of assembly of plateau state
notice of allegation
notice of preliminary objection
purported allegation of gross misconduct
support of the originating summons
2nd defendants
counter-affidavit
deputy governor
determination of these questions
honourable court
impeachment process
mandatory provisions of section
material times
order of a court
orders of a competent court
orders of a court
particular reference
plateau state high court no.3 jos coram damulak j.
plateau state house
previous decision
right of fair hearing
right of fair hearing of the plaintiff
sad sabotage of the rule of law
service of notice of the said allegations
valid impeachment of the governor of plateau state

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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