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CHIEF ENYI ABARIBE V. THE SPEAKER, ABIA STATE HOUSE OF ASSEMBLY ABIA STATE HOUSE OF ASSEMBLY

(2000) JELR 52602 (CA)

Court of Appeal  •  CA/PH/83M/2000  •  6 May 2000  •  Nigeria

Coram


Judgement

ACHOLONU, JCA: (Delivering the Leading Judgment) The Appellant had applied to the High Court for leave to apply for enforcement of his rights (which he states were infringed upon) under the Fundamental Procedure Rules, and he sought the following reliefs:

“1. A declaration that the proceedings of the Abia State House of Assembly on Tuesday the 8th day of February, 2000 purporting to vote on whether or not to investigate the allegations made against the Applicant (to Impeach him from the Office of the Deputy Governor of Abia State) are illegal, unconstitutional, null and void being a flagrant breach of the Applicant’s right of fair hearing as guaranteed by Section 36 of the 1979 Constitution of Nigeria and Article 7 African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap. 10 Laws of the Federation of Nigeria.

2. An Order of Court setting aside the said proceedings.

3. An Order of Injunction restraining the Respondents from taking further steps in the process …

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