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STATE
V.
OKIYE

(2019) JELR 73036 (SC)

Supreme Court 15 Mar 2019 Nigeria
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- The case involves a motion for the impeachment of the Speaker of the Edo State House of Assembly, which resulted in a violent altercation among the members. - The Police conducted an investigation and issued a report to the Hon. Attorney-

Case Details

Judges:MUSA DATTIJO MUHAMMAD, JSC KUMAI BAYANG AKA’AHS, JSC CHIMA CENTUS NWEZE, J.S.C., AMIRU SANUSI, JSC, SIDI DAUDA BAGE, JSC
Counsel:Funmi Falana Esq. (Mrs.) (with her, Messrs. Deji Morakinyo and Femi Adedeji) for the Appellant; Zakawanu I. Garuba Esq. (with him, Messrs. Kingsley Idahosa, Oziegbe Omo-Egharevba, Haliru E. Garuba and Kassim Oshiobugie) for the Respondent.
Other Citations:(2019) 9 NWLR (Pt. 1678) 416

AKA’AHS, J.S.C. (Delivering the Leading Judgment): On 22 February, 2010, one of the members of the Edo State House of Assembly, Hon. Bright Omokhodion moved a motion for the impeachment of the Speaker of the House, Rt. Hon. Zakawanu Garuba. This developed into a fracas whereby the members resorted to using weapons such as battle axes, tear gas and chemicals on one another. The Police was called in to investigate the fracas and in the end issued a Police report which was sent to the Hon. Attorney-General of Edo State.

The Hon. Attorney-General rendered his legal advice to the effect, that the Speaker, Rt. Hon. Zakawanu Garuba, Hon. Blessing Agbebaku and Hon. Frank Okiye (the respondent) had a prima facie case of conspiracy and assault established against them. He accordingly issued a report to the House in accordance with section 28 of the Legislative House (Power and Privileges) Law, Cap 87, Laws of Bendel State, 1976 applicable to Edo State. Sequel to this report, the Edo State House …

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