SIR JUDE AGBASO V. SPEAKER, IMO STATE HOUSE OF ASSEMBLY & ORS

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): The Appellant was the Deputy Governor of Imo State until 28th March, 2013 when he claimed the 2nd Respondent, that is IMO STATE HOUSE OF ASSEMBLY purportedly removed the Appellant from office of Deputy Governor.

Naturally aggrieved by the said action of the 2nd Respondent, the Appellant instituted the action culminating into this appeal vide Originating Summons at the Court below on 30th day of April, 2013 asking for the following reliefs and questions for determination couched as follows:

"1. A DECLARATION that by virtue of Section 188(2) Constitution of the Federal Republic of Nigeria 1999 (hereinafter referred to as CFRN 1999), the Claimant is entitled to personal service of Notice of any Allegation of Gross Misconduct against him within seven days of receipt of such Notice by the 1st Defendant.

2. A DECLARATION that the failure of the 1st Defendant to cause the document entitled "Petition Pursuant to S.188(1) 1999 Consti…