GARUBA & ORS.
V.
OMOKHODION & ORS.

(2011) JELR 33088 (SC)

Supreme Court 24 Jun 2011 Nigeria
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Case Details

Suit Number:SC.3/2011
Judges:DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
Counsel:Ighodalo Imedegbelo SANU. Egbon; Ighedoso Imedegbelo, N. T. Ashamu For Appellant Chief Adeniyi A. Akintola SANF.A. AofalajuC.O.C. Emeka-IzomoNnamonso Ekanem Ngozi Okechukwu (Mrs)R. Oguneso Adenlere Babawale (Mrs), M.B. Kundu-OlayiwolaSale SaliRickey Tarfa SANJ. O. Odubela, Uche ObiF. Ahmed For Respondent

C. M. CHUKWUMA-ENEH, J.S.C (Delivering the leading Ruling): Following the pandemonium that broke out in the Edo State House of Assembly on 22/2/2010 over the purported removal and/or suspension of the speaker and Deputy speaker, the plaintiffs (appellants herein) by way of originating Summons supported by an affidavit of twenty six paragraphs with accompanying exhibits have claimed against the (defendants/respondents herein) at the trial Court the following reliefs, viz;

"i. A declaration that not less than two-thirds majority of the 24 members of the Edo State House of Assembly is constitutionally required under Section 92(2)(c) of the constitution of Federal Republic of Nigeria, 1999 for the purpose of the removal of the Speaker and Deputy Speaker, that is 16 members.

ii. A declaration that the purported removal of the 1st and 2nd plaintiffs as Speaker and Deputy Speaker by the 1st - 13th defendants is unconstitutional, null and void, with no resolution of the Edo State House of As…

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