OLOYO
V.
ALEGBE

(1983) JELR 46428 (SC)    

Supreme Court  ·  SC.94/1982 ·  29 Jul 1983 ·  Nigeria
 · 
Other Citations
(1983) All N.L.R 387
CORAM
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
seat
court of appeal
house of assembly
senior advocate
provision of section
provisions of section
high court
presiding officer
learned judge
constitution of the federal republic of nigeria
learned president
bendel state house of assembly
elected member
house attendance register
jurisdiction of the high court
mandatory provisions of sub-sections
meeting of the house of assembly
meetings of the house of assembly
respectful view
various submissions
appellant m. o. oloyo
basis of the declaratory action
benin high court
chief f.r.a. williams
controversial issues of fact
determination of this case
durga das basu
effect of similar use of the words
elected member of the bendel state house of assembly
federal court of appeal
following explanations
further take notice
learned trial judge
lower courts
matter of fact
member of the state house of assembly
officer of the bendel state house of assembly
order of the court
order words
period of your absence amounts
question of the interpretation of section
said letter
said speaker
satisfaction of the speaker
speaker of the house of assembly
speaker of the state house of assembly
such case
tenure of office
tenure of seats of members
voluntary act of the person

ESO J.S.C. (Delivering the Leading Judgment): By an originating summons, the appellant M. O. Oloyo, an elected member of the Bendel State House of Assembly, as plaintiff in the Benin High Court, presided over by Ogbobine J., sought-

a declaration-

that the Speaker of the State House of Assembly is not competent to declare vacant his seat as the elected member for Akoko Edo Constituency, and an injunction-restraining the said Speaker, his servants and agents, from illegally preventing or interfering with his right to hold his seat as such elected member of the State House of Assembly.

As no oral evidence was led throughout the trial and the parties relied on affidavits as evidence in the case, I intend to set down these affidavits and counter-affidavits, as the case may be, and also the correspondence between the parties.

The affidavit of the appellant in support of his application for originating summons reads:

"1. I am the plaintiff herein and the elected member for the North Akoko-E…

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