THE GOVERNOR OF PLATEAU STATE & ORS V. HON. DR. HITLER DADI & ORS
(2014) JELR 33514 (CA)
Court of Appeal
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CA/J/156/2012
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18 Feb 2014
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Nigeria
Coram
ALI ABUBAKAR BABANDI GUMEL JCA;
CHIOMA E. NWOSU-IHEME JCA;
IBRAHIM SHATA BDLIYA JCA;
Appearances
Mr. P. C. Okorafor, holding the brief of E. O. Akhayere, for the Appellants For Appellant
Mr. S. D. Samchi for the 1st Respondent, with Miss Peret Ayuba.Mrs. V. Z. Dadom, Deputy Director/Legal Drafting, Plateau State Ministry of Justice, with Mr. D. D. Dashak Senior State Counsel, and Plateau State Ministry of Justice for the 2nd Respondent For Respondent
Judgement
<p>ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the leading : ): In on originating summons filed before the Jos Division of the Plateau State High Court, the 1st Respondent herein, as the Plaintiff, sought for the determination of these 2 questions. The are:-</p><p> 1. Whether the Plaintiff can be removed from office as the democratically elected Chairman of Langtang South Local Government council otherwise than by strict adherence to the provisions of Section 38 of the Plateau State Local Government Law, 2005 (as amended).</p><p> 2. Having regard to section 7 and schedule seven of the Constitution of the Federal Republic of Nigeria, 1999, and the fact that the Plaintiff is at all material time to this case, the Chairman of Langtang South Local Government Council, whether the 1st Defendant is vested with the vires of power to remove or order the removal of the Plaintiff from the said office.</p><p> Upon the determination, of these questions, the 1st Respondent/Plaintiff sought for the following relie…</p>