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(2008) JELR 57867 (HC)    

High Court  ·  16 May 2008 ·  Nigeria

Ratio Decidendi

Core Terms Beta
1st claimant
kogi state
chief judge
chief judge of kogi state
high court judges
constitutional provisions
national judicial council
support of the originating summons
constitution of the federal republic of nigeria
honourable chief judge
preliminary objection
affidavit of mr. donald briggs
better affidavit
court room
documentary evidence
letter of invitation
order of perpetual injunction
sitting of the committee of kogi state house
accounting officers of the kogi state judiciary
action of the defendants
area court judges
arms of the government of kogi state
case of the claimants
committee of the house of assembly
constitutional powers
contention of mr. onoja
continuous acts of harassment
copy of the said invitation
defendants amounts
defendants’ counter-affidavit
determination of the following questions
exemplification of the biblical house
exercise of such legislative power
exercise of the constitutional functions of the 1st defendant
immense constitutional importance
judge of the high court
judge of the high court of justice
legal rights
letter no. cj
mr. clarence olafemi
nigerian state
nigerian tribune of the said date
nullification of the election of the present acting governor
osmond onoja
respect of the 1st claimant
said powers
written representation

OMOLAYE-AJILEYE J. (DELIVERING THE JUDGMENT): This case is of an unusual importance. Its importance derives not so much from the personalities involved, rather, by the fact that the tentacles of its dispute extends to the three arms of the Government of Kogi State; the Legislature, the Executive and the Judiciary. It is an exemplification of the biblical house that is divided against itself. The case is also of immense constitutional importance to Kogi State as this is the first time, to my knowledge, that the investigative power of Kogi State House of Assembly is being called to question. Be that as it may, the claimants commenced these proceedings by originating summons, seeking the determination of the following questions:

Whether the defendants or any of their agents have the constitutional powers to investigate the claimants in respect of the control, disbursement of monies, both capital and recurrent, or to exercise disciplinary control over the claimants when the said powers ar…

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