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CHIEF DIEPRIYE S.P. ALAMIEYESEIGHA V. HON. JUSTICE EMMANUEL IGONIWARI & ORS

(2007) JELR 33866 (CA)

Court of Appeal  •  CA/PH/124/2006  •  8 Mar 2007  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; .J.CA. JCA; ISTIFANUS THOMAS JCA; J.CA. JCA; BODE RHODES-VIVOUR JCA; JCA. JCA; GEORGE OLADEINDE SHOREMI JCA; J.CA. JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; JCA. (Dissented) JCA;

Judgement

SULEIMAN GALADIMA, JCA (Delivering the Leading Judgment): The plaintiff before the lower court now appellant in this appeal commenced his action by a writ of summons and statement of claim against the defendants now the respondents jointly and severally before the High Court of Bayelsa State on 16/12/2005 in suit No. YHC/173/2005. He sought for the following declarations and reliefs:

"1. A DECLARATION that the 1st defendant is constitutionally obliged to appoint only such persons as are not disqualified under section 188(5) of the Constitution of the Federal Republic of Nigeria, 1999 as members of the panel to investigate allegations of impeachable offences leveled against the plaintiff as contained in the impeachment notice dated 18th November, 2005.

2. A DECLARATION that the 1st defendant has failed in the performance by him of his constitutional duty under section 188(5) of the 1999 Constitution by his appointment of the 4th, 5th, and/or 8th defendants as members of the investigatiā€¦

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