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RT. HON. P. EBEBI V. SPEAKER BAYELSA STATE HOUSE OF ASSEMBLY & ORS.

(2011) JELR 49187 (CA)

Court of Appeal  •  CA/PH/297/2010  •  16 Feb 2011  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA; EJEMBI EKO JCA;

Judgement

M. DATTIJO MUHAMMAD, (OFR),J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling of the Bayelsa State High Court, coram Adokeme J, delivered on the 29th day of June 2010 in Suit No. YHC/201/2010 commenced by the Appellant herein as the plaintiff against the Respondents as the defendants thereat. The court declined jurisdiction over the suit. The facts of the case that brought about the Appeal are hereunder supplied.

The 1st Respondents, the Speaker of the Bayelsa State House of Assembly, on the 1st June 2010 received a Notice of Impeachment purportedly signed and issued by the 6th - 22nd Respondents. The Notice contained allegations of gross misconduct against the Appellant then the Deputy Governor of Bayelsa State. The 2nd Respondent, the Bayelsa State House of Assembly is said to have, on the very 1st June, 2010, resolved to have the Appellant served with the said Notice of Impeachment. It is the Appellant's case that he is yet to be so served. The unsigned N…

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