HIS EXCELLENCY, CHIEF DIEPRIYE S. P. ALAMIEYESEIGHA, THE EXECUTIVE GOVERNOR OF BAYELSA STATE V. THE HONOURABLE CHIEF JUDGE OF BAYELSA STATE, HON. JUSTICE EMMANUEL IGONIWARI THE DEPUTY GOVERNOR OF BAYELSA STATE, DR. GOODLUCK JONATHAN THE HONOURABLE SPEAKER OF BAYELSA STATE HOUSE OF ASSEMBLY MR. DAVID SERENA-DOKUBO SPIFF MRS. MERCY ALAGOA MR. COLLINS BOLIEIGHA COLONEL RUFUS APUFU (RTD) MR. BENSON AGADAGA DR. (MRS.) BOLERE KETEBU-NWOKAFOR WING COMMANDER GLADYS BRISIBE (RTD) THE COMMISSIONER OF POLICE, BAYELSA STATE
(2007) JELR 56555 (CA)
Court of Appeal
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CA/PH/124M/2006
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8 Feb 2007
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Nigeria
Coram
SULEIMAN GALADIMA JCA (Presided and Read the Lead Ruling) ISTIFANUS THOMAS JCA IBRAHIM MOHAMMED MUSA SAULAWA JCA
Appearances
Prof. A. B. Kasunmu SAN - for the Appellant/Applicant .
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Roland Otaru SAN (with him, Abdul Mohammed Esq., Francis Agele Esq.) - for the 1st, 4th and 11th Defendants/Respondents . Tayo Oyetibo SAN (with him, Alex Amadi Esq. and A. Gbasam)
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- for the 2nd Defendant/Respondent .
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Chief Ladi Rotimi Williams SAN (with him, Anthony George Ikoli SAN and A. O. Yusuf Esq.) - for the 4th - 10th Defendants/ Respondents .
Judgement
GALADIMA JCA (Delivering the Lead Ruling): On the 16th of A December, 2005 on behalf of the appellant, now the applicant, a writ of summons and statement of claim were filed against the defendants (now the respondents) jointly and severally for a number of declarations, particularly that the purported report of the panel headed by the 4th respondent upon which his purported impeachment was carried out without notice to or hearing from him and which report was submitted to the 3rd respondent on 9/12/2005 was illegal, unconstitutional, null and void and of no effect whatsoever. No defence had been filed to the act ion when va rious preliminary objections were filed by the respondents. Anxious to prosecute this appeal, the appellant departed from the rules of this court and compiled the record of appeal. This was followed by his filing of the brief of argument to which the respondents have responded by equally filing their various briefs of argument. However, on the 21/12/2006, the app…