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GARUBA
V.
OMOKHODION & ORS.

(2010) JELR 47688 (CA)

Court of Appeal 10 Dec 2010 Nigeria
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Case Details

Suit Number:CA/B/171/2010
Judges:AMIRU SANUSI Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
Counsel:I. E. Imadegbelo SAN (with him A. Alofoje, U. Egbo, S. A. Onokpachere, Miss F. Shuaibu, S. Abasilim, B. S. Oisomoje, L. I. Okun and K. Idahosa) For Appellant Adeniyi Akintola SAN (with him Abiodun Amole and Miss I. R. Idehen)Nnamonso Ekanem (with him Mrs. I. Ekoh and Gabriel Oladejo)Adetunji Oyeyipo SAN (with him Rotimi Oguneso and Mrs. O. A. Odia)Rickey Tarfa SAN (with him A. J. Owonikoko, J. O. Odubela, Mrs. V. O. Igbinomwanhia, Ojeikhon) For Respondent

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Edo State High Court, Benin Judicial Division delivered by Acha, J. on 26th April, 2010 in Suit No. B/155/OS/2010. Due to a series of events at the Edo state House of Assembly that led to and affected the leadership positions of some of the Appellants, on or about 22nd February, 2010, the appellants as the Plaintiffs before the lower court filed an originating summons dated 2nd March, 2010 seeking for a determination of certain questions and series of declaratory and injunctive reliefs. They are as follows:-

1) "...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.

2) A Declaration that the purported removal of the 1st and 2nd Pl…

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