Ratio DecidendiRatio DecidendiRatio Decidendi



EL-RUFAI
V.
HOUSE OF REPRESENTATIVES

(2003) JELR 57771 (CA)    

Court of Appeal  ·  CA/A/154/2002 ·  2 Jun 2003 ·  Nigeria
CORAM
GEORGE A. OGUNTADE, JCA (Presided and Read the Lead Judgment) IBRAHIM TANKO MUHAMMAD, JCA ALBERT GBADEBO ODUYEMI, JCA

Ratio Decidendi

Core Terms Beta
plaintiff
1st defendant
committee
defendants
lower court
20th march
constitution of the federal republic of nigeria
no. nass
legislative houses
support of the originating summons
3rd defendants
attendance of the plaintiff
provisions of section
civil rights
court of law
good government of the federation
house ad-hoc committee
letter ref
originating summons
provisions of sections
public enterprises
clerk of the 1st defendant
courts of law
internal proceedings of the legislature
issues of alleged defamation
judicial powers
laws of the federation
legislative powers
matters of evidence
notice of preliminary objection
purpose of the investigation
constitutional departments
determination of the following questions
director-general of the bureau
federal high court
house of assembly cross river state
lead judgment
order of perpetual injunction
part of their constitutional duty
part of the legislative powers of the defendant
record of proceedings
respect of the defendants
said case
said court
speaker ondo house of assembly
standing orders of the house of representatives
such manner
suit no. fhc
view of the summon date of friday
written constitution

OGUNTADE, JCA (Delivering the Lead Judgment): The appellant, Mallam Nasir Ahmad El-Rufai was the plaintiff before the Federal High Court, Abuja in Suit No. FHC/ABJ/CS/70/2002. He brought before the said court an originating summons against the respondents as the defendants seeking the determination of the following questions:

“(i) Whether having regard to the provisions of section 4(2), (3) and (4) of the Constitution of the Federal Republic of Nigeria, 1999 which confer legislative powers on the 1st, 2nd and 3rd defendants, it is part of their constitutional duty and powers to investigate as contained in their letter ref. No. NASS. CHR/116/11 dated 20th March, 2002 to the plaintiff and signed by the 3rd defendant issues of alleged defamatory statements by the plaintiff.

(ii) Whether having regard to the provisions of sections 88 and 89 of the Constitution of the Federal Republic of Nigeria, 1999 which confer powers on the 1st, 2nd and 3rd defendants to conduct investigations and pow…

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