HON. HENRY MINABOWANRE BARO V. THE EXECUTIVE GOVERNOR OF DELTA STATE & ORS
(2018) JELR 39297 (CA)
Court of Appeal
•
CA/B/256/2017
•
19 Jan 2018
•
Nigeria
Coram
SAMUEL CHUKWUDUMEBI OSEJI JCA;
MOORE ASEIMO ABRAHAM ADUMEIN JCA;
MUDASHIRU NASIRU ONIYANGI JCA;
Appearances
Kunle Edun, Esq. with him, M. N. Uwaifo, Esq. For Appellant
John Okoroko, Esq. with him, P.K. Ohwovoriole, Esq. for the 1st, 2nd and 3rd Respondents.F.O. Otiotio, Esq. with him, Chris Ilen-Otuma, Esq. for the 6th Respondent. For Respondent
Judgement
<p>MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A.(Delivering the Leading Judgment): The appellant was the plaintiff in Suit No. EHC/35/2016 commenced by way of an originating summons in the High Court of Delta State, holden at Effurun. The respondents in this Court were the defendants to the said action in which the appellant, as the plaintiff, sought the determination of the following questions, in his amended originating summons:</p><p>1. Whether the 3rd defendants purported suspension of the Claimant from office as the Executive Chairman of Uvwie Local Government Council of Delta State vide letter dated 5th August, 2015 is not in violent breach of the extant provisions of Sections 1(1), 7(1), 128 and 129 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, Cap C23, LFN, 2010?</p><p>2. Whether the act of the 1st and 3rd defendant in purporting to take steps in furtherance of the purported suspension aforesaid by initiating or instigating impeachment/removal proceedings against the claiman…</p>