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CaseLaw

Dapianlong V. Dariye (2007) CLR 4(g) (SC)

Judgement delivered on April 27th 2007

Brief

  • Ground of appeal
  • Question of law
  • Nature and function of constitution
  • Removal of Governor and Deputy Governor
  • Composition of State House of Assembly
  • Findings of fact and evaluation of evidence
  • Interpretation of statute
  • S.16 Court of Appeal Act
  • Originating summons procedure

Facts

Plateau State, like any other State in the Federal Republic of Nigeria, has a House of Assembly established under Section 20 of the Constitution of the Federal Republic of Nigeria 1999 (hereinafter referred to/called the 1999 Constitution). The said House of Assembly constitutes of 24 members. It is an undisputed fact that between 25th July, 2006, fourteen (14) out of the twenty-four (24) members of the Plateau State House of Assembly including the Speaker and Deputy Speaker thereof) cross carpeted from the People’s Democratic Party (PDP), the platform on which they were elected to the House in 2003 to Advanced Congress of Democrats (ACD), a political party, as a result of which the said 14 members vacated their; operation of law leaving only 10 members of that House.

On the 5th day of October 2006, the 1st Respondent was allegedly served with notice of allegations of gross misconduct thereby initiating m process of impeachment by the remaining 10 members of that House. The notice of allegations of gross misconduct was signed by eight (8) out of die ten existing members. Throughout the processes and proceedings leading to and including the impeachment of the 1st Respondent, the Plateau State House of Assembly had only ten members, eight (8) of who supported and voted in favour of the removal of the 1st Respondent under Section 180 of the 1999 Constitution.

The following are the summary of allegations of gross misconduct against the 1st Respondent:-

  • a
    Money laundering and economic crime leading to the arrest and detention of the 1st Respondent in the United Kingdom having been found with the sum of N90,000,000.00 in cash and lodgment in the banks.
  • b
    Operation of at least 8 U.K. bank accounts contrary to the provision of the 5th schedule, part I, item 3 of the 1999 Constitution.
  • c
    Purchase of flat 28 Regeants Plaza Apartment, 8 Greville Road, London NW6, through State funds contrary to the provision of Section 15(5) of the 1999 Constitution.
  • d
    False declaration of assets contrary to the code of conduct for public officers in the 5th schedule, part I item II of the 1999 Constitution.
  • e
    Jumping bail in the United Kingdom for which an international warrant of arrest was issued against the 1st Respondent and was consequently declared wanted.
  • f
    Payment of Plateau State Government Ecological funds by the 1st Respondent in the sum of N1,161,162,900.00 (One billion, one hundred and sixty-one million, one hundred and sixty-two thousand, nine hundred naira only) and N82,600.000.00 (Eight-two million, six hundred thousand Naira only) respectively into his private account.
  • g
    Disbursement of the State Ecological Fund of N1,161,162,900.00 (One billion, one hundred and sixty-one million, one hundred and sixty-two thousand, nine hundred naira only) as though it was his personal money in the following manner:-
    • i
      Pinnacle Communications N250,000,000.00
    • ii
      agents broke in and entered upon the aforementioned piece or parcel of land, that is to say, 'Okimkim Mbak Okpongo' situate and lying in Ikot Ede Village aforesaid, within the jurisdiction of this Honourable Court, while still in the possession of the Plaintiff; and cut down and g destroyed and damaged economic trees such as oil palm trees.
    • iii
      agents broke in and entered upon the aforementioned piece or parcel of land, that is to say, 'Okimkim Mbak Okpongo' situate and lying in Ikot Ede Village aforesaid, within the jurisdiction of this Honourable Court, while still in the possession of the Plaintiff; and cut down and g destroyed and damaged economic trees such as oil palm trees.
    • iv
      agents broke in and entered upon the aforementioned piece or parcel of land, that is to say, 'Okimkim Mbak Okpongo' situate and lying in Ikot Ede Village aforesaid, within the jurisdiction of this Honourable Court, while still in the possession of the Plaintiff; and cut down and g destroyed and damaged economic trees such as oil palm trees.
    • v
      agents broke in and entered upon the aforementioned piece or parcel of land, that is to say, 'Okimkim Mbak Okpongo' situate and lying in Ikot Ede Village aforesaid, within the jurisdiction of this Honourable Court, while still in the possession of the Plaintiff; and cut down and g destroyed and damaged economic trees such as oil palm trees.
    • vi
      agents broke in and entered upon the aforementioned piece or parcel of land, that is to say, 'Okimkim Mbak Okpongo' situate and lying in Ikot Ede Village aforesaid, within the jurisdiction of this Honourable Court, while still in the possession of the Plaintiff; and cut down and g destroyed and damaged economic trees such as oil palm trees.
  • h
    Conversion of Plateau State funds in the sum of N82,600,000.00 (Eight-two million, six hundred thousand Naira only) to his private and personal use."
  • Following the cross carpeting of the said 14 members of the House including the Speaker and the Deputy Speaker, the 1st Appellant became the new Speaker of the House and by a letter dated 5th October, 2006 invited the Chairman of Independent National Electoral Commission (INEC) to organize a by-election for the purpose of filling the vacant seats. The 1st Appellant subsequently requested the Acting Chief Judge of Plateau State to set up a 7 man Panel to investigate the allegations of gross misconduct against the 1st Respondent which was done. The said Panel was headed by the 2nd Respondent. The Panel carried out their assignment and submitted a report to the Plateau State House of Assembly which report was adopted by the House on the 13th day of November, 2006 resulting in the removal of the 1st Respondent as the Governor of Plateau State. At the stage of removal of 1st Respondent the by election had not been conducted.

    Consequent upon the above, the 1st Respondent, on the 27th day of November, 2006 commenced an action at the High Court of Plateau State by way of originating summons supported by an affidavit of 37 paragraphs seeking the determination of sixteen questions and claiming 24 reliefs against the Appellants the 2nd Respondent who were Defendants at the trial Court.

    The judgment of the trial Court was delivered on 15/12/06. Dissatisfied the Appellants appealed to the Court of Appeal. Still dissatisfied with the judgment of the Court of Appeal, the Appellant appealed to this Court.

Issues

  • 1
    Whether the Court of Appeal was right in invoking Section 16 of the...
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