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ENWEREMADU
V.
OHAJURUKA & ORS

(2001) JELR 57839 (CA)

Court of Appeal 22 Feb 2001 Nigeria
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- The ruling is on the jurisdiction of the Federal High Court to entertain a matter regarding the removal of the Speaker of the Abia State House of Assembly. - The applicant sought an order to maintain the status quo ante bellum pending the

Case Details

Suit Number:CA/PH/219M/2000
Judges:JAMES OGENYI OGEBE, JCA (Presided) MICHAEL EYARUOMA AKPIROROH, JCA ABOYI JOHN IKONGBEH, JCA (Read the Lead Ruling)
Counsel:Chief Debo Akande, SAN, (with him, R. O. Khalidso, Esq.) ­ for the Appellant; Chief M. A. A. Ozekhome, Esq., (with him, A. C. Chioma, Esq.) ­ for the 1st to 4th RespondentsL Chief A. U. Kalu, SAN, Attorney­General, Abia State, (with him, J. Ukpai, Esq.) ­ for the 5th to 7th Respondents.

IKONGBEH, JCA (Delivering the Lead Ruling): This ruling is on a point which this court raised and on which counsel for the parties submitted written briefs of argument on our direction. The point was whether or not the Federal High Court had jurisdiction to entertain the matter before it , which matter in its turn gave rise to the matter now before us. The matter before us is an application wherein the applicant seeks an order of this court:­

“That the status quo ante bellum which existed before 26/6/ 2000 be maintained by the parties pending the of the substantive ­appeal.”

The appeal pending which this relief has been sought arose this way. Up to the end of business hours on 25/6/2000, the applicant was, and performed the functions of, the Speaker of the Abia State House of Assembly. Because of an unfortunate incident that occurred at the House on 26/6/2000 (and which, in my view, left a big dent on our collective claim to being a civilised nation) the members thereof had to run …

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