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ALHAJI BASHIR ZUBAIRU USMAN V. KADUNA STATE HOUSE OF ASSEMBLY & ORS

(2007) JELR 48142 (CA)

Court of Appeal  •  CA/K/279/06  •  5 Apr 2007  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA; AMIRU SANUSI JCA; ABUBAKAR ABDULKADIR JEGA JCA;

Appearances
CHIEF Y.U. USMAN, SAN with MRS. S.O. OMOLOBA and MRS. ZAINAB ATOBA For Appellant MR. E. TORO, SAN, with MR. S. ATUNG and MISS S. MALLAM For Respondent

Judgement
<p>BABA ALKALI BA&#x27;ABA, J.C.A.(Delivering the leading : ): This is an appeal against the judgment of the Kaduna State High Court of Justice, holden at the Kaduna Judicial Division in Suit No. KDH/KAD/575/200G, delivered on the 31st day of October, 2006, by Hon. Justice H. Gwadah, of the Kaduna State High Court.</p><p> The appellant herein was the plaintiff at the trial court, where he instituted an action against the respondents who were the defendants by an endorsed writ of summons dated the 22nd day of August, 2006 and claimed from all the defendants jointly and severally per his paragraph 17 of his statement of claim as follows:</p><p> &quot;17. WHEREOF, the plaintiff claims from all the defendants jointly and severally as follows:</p><p> 1. A declaration that the purported expulsion of the plaintiff by the 2nd Defendant as a member of Kaduna State House of Assembly as well as declaring the plaintiff&#x27;s seat vacant by the House is unconstitutional null and void.</p><p> 2. Declaration that the Plaintiff is still a…</p>

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