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HON. ZAKAWANU GARUBA v. THE STATE

(2014) JELR 36698 (CA)

Court of Appeal  •  CA/B/310C/12  •  22 Jan 2014  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; TOM SHAIBU YAKUBU JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an appeal against the Order of Hon. Justice Idahosa of the Edo State High Court made on 26/06/11 wherein the learned trial Judge ordered a bench warrant to be issued for the arrest and detention of the appellant in Charge No B/94C/2010. The following are the facts which led to this appeal:

The Appellant was the Speaker of the Edo State House of Assembly. On the 22/2/2010, in the chambers of the Edo State House, Hon. Omokhodion moved a motion for the impeachment of the appellant. This motion led to a fracas in the house as members attacked each other with weapons such as axes, tear gas and chemicals. The Police was called in and they carried out investigation. Their report was submitted to the Attorney-General of Edo State.

The House reconvened at 12.35pm and Hon. Peter Aliu was nominated and approved as Speaker Protempore of the House. Motions were raised for the suspension of Hon. Zakawanu Garuba, Hon. Aigbogu…

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