(2005) JELR 57872 (HC)    

High Court  ·  K/254/2005 ·  22 Dec 2005 ·  Nigeria
Core Terms Beta
local government law
kano state house of assembly
mr. oshomegie
local government
kano state local government law
virtue of section
kano state executive governor
suspension of the plaintiff
learned director of civil litigation
local government council chairman
permanent secretary
administrative powers
executive governor
intended investigation
kano state government
law making
originating summons
purpose of law making
asan eighteenparagraph affidavit
director of ministry civil litigation
elected chairman of a council
executive act
executive power of governance
executive powers
executive union
exercise ofits oversight function
exhibit a
exhibit c
exhibit c. mr. oshomegie
family problems
followingissues of law
inits journalor government gazette
investigating committee
local state
mr. oshomegie counsel
provisions of their unconstitutional law
removal of an elected chairman
said kano state house ofassembly
said sections
virtue of the local government law

MAHMOUD J. (Delivering the Judgment): By an originatingsummons dated 25th April 2005, the plaintiff submitted the followingissues of law for determination by the court:-

Whether the Kano State House of Assembly is not a creationof the Constitution of the Federal Republic of Nigeria, 1999 (hereinafter referred to as the 1999 Constitution)?And having regard to the said 1999 Constitution has the Kano State House of Assembly Executive power of governance? Whether having regard to the 1999 Constitution particularly its sections 14(6) and (7), 90,100, 128, 129 and 188, the Kano State House of Assembly has any other function than law making. (3) Whether sections 128 and 129 of the 1999Constitution confer on the Kano State House of Assembly executive and administrative powers?

Whether it is not a sine qua non that by virtue of section 128 of the 1999 Constitution, before the Kano State House of Assembly exercises its oversight function that the intended investigation must first be published…

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