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THE GOVERNOR OF RIVERS STATE
V.
RIVERS STATE HOUSE OF ASSEMBLY & 17 ORS

(2024) JELR 112746 (CA)

Court of Appeal 10 Oct 2024 Nigeria
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- The appeal arose from the Federal High Court (FHC) Abuja's judgment (22/01/2024), which granted declaratory and injunctive reliefs in favour of the Rivers State House of Assembly and its Speaker against attempts by the Governor and others

Case Details

Suit Number:CA/ABJ/CV/133/2021
Judges:JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA OKON EFRETI ABANG, JCA ISHAQ MOHAMMED SANI, JCA
Counsel:Mr. Lukman O. Fagbemi, SAN with Mr. S. Onah, Mr. A. B. Abdulwahab, Mr. K. Ajana, Mr. K. A. Imafidon and G. N. Nzere Esq. for the Appellant/11th Cross-Appellant. Mr. K. C. Njemanze, SAN and Mr. M. A. Ebute, SAN with U.C. Njemanze-Aku Esq. and M. L. Young-Arney Esq. for the 1st and 2nd Respondents/Cross-Appellants. Dr. J. Y. Musa, SAN with him C.C. Chibuike Esq. for the 3rd-12th Respondents. Mr. I. Garba for the 17th Respondent.
Location:Abuja

JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (Delivering the Leading Judgement): This is in respect of an appeal against the judgment of the Federal High Court, Abuja Division, holden at Abuja delivered on the 22nd January, 2024 by OMOTOSHO, J.

The 1st and 2nd Respondents took out an Originating Summons which was subsequently amended wherein they sought a determination of the following questions:

(i) Whether upon a proper construction of the provisions of Section 4(2) and 4(6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and item 47 of the Second Schedule, Part 1, (Exclusive Legislative List) of the said Constitution, the Legislative House (Power and Privileges) Act 2017, including Section 21 thereof requiring a three month Written pre-action Notice to be given before an action can be commenced against a Legislative House is not ultra vires the powers of the National Assembly, unconstitutional, null and void?

(ii) Whether upon a proper construction of the provisions of…

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