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RT. HON. (BARR) NOEL AWGUOCHA CHUKWUKADIBIA (KSC) sued as speaker Imo State House of Assembly IMO STATE HOUSE OF ASSEMBLY V. HIS EXCELLENCY, COL. T. K. ZUBAIRU HER EXCELLENCY, MRS MAIMUNA ZUBAIRU ATTORNEY GENERAL, IMO STATE

(2001) JELR 57202 (CA)

Court of Appeal  •  CA/PH/183/2000  •  20 Jun 2001  •  Nigeria

Coram
I. C. PATS-ACHOLONU, JCA (Presided and Read the Lead Judgment) SULE AREMU OLAGUNJU, JCA ABOYI JOHN IKONGBEH, JCA

Judgement

PATS-ACHOLONU, JCA (Delivering the Lead Judgment): The matter arose from an invitation addressed by the appellants to the respondents to attend the sitting of the Imo State House of Assembly for the purpose of investigating some activities of the immediate past administration of the first respondent’s government. The respondents in the affidavit in support of the motion ex parte filed by their counsel to oppose the invitation stated that the appellants have made arrangements for them to be arrested in Kaduna and that it took the intervention of the Police to prevent them from being arrested. They therefore applied to the court below for the enforcement of their Fundamental Rights by way of ex parte motion which was granted. In their motion on notice properly filed on 4-4-2000 they prayed for the following orders:-

“1. A declaration that the respondents lack competence to investigate the offices of the Military Administrator of Imo State or that of the wife of the Military Admini…

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