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ELDER DR. FRIDAY SANI v. KOGI STATE HOUSE OF ASSEMBLY

(2019) JELR 87058 (SC)

Supreme Court  •  SC/327/2018  •  18 Jan 2019  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN..... Justice, Supreme Court MUSA DATTIJO MUHAMMAD..... Justice, Supreme Court JOHN INYANG OKORO..... Justice, Supreme Court AMIRU SANUSI..... Justice, Supreme Court SIDI DAUDA BAGE..... Justice, Supreme Court

Judgement

WALTER SAMUEL NKANU ONNOGHEN, C.J.N.(Delivering the Lead Judgment):

This is an appeal against the judgment of the Court of Appeal Holden in Abuja in appeal No. CA/A/540/2018 delivered on the 20th day of March, 2018 in which the Court allowed the appeal of the present respondents against the judgment of the Kogi State High Court in suit No. IDHC/6/2017 delivered on the 29th day of June, 2017 which was accordingly set aside. The lower Court remitted the suit to the Honourable Chief Judge of Kogi State to be assigned to another Judge for trial by pleadings.

The appellant. as claimant before the Kogi State High Court No. 2 Lokoja instituted an action against the respondents by way of Originating Summons and sought 19 reliefs.

The questions submitted to the trial Court for determination are as follows:

1. WHETHER Order 10 Rule 1 of the Standing Rules of the Kogi State House of Assembly is not offensive to the spirit and letters of the Nigerian Constitution (as amended), undemocratic, illegal;…

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