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CaseLaw

Kano State Government V. Century Merchant Bank (1998) CLR 3(c) (CA)

Judgement delivered on December 15, 2017

Brief

  • Issues For Determination
  • Brief Of Argument
  • Grounds Of Appeal
  • Originating Summons
  • Originating Summons Proceedings
  • Originating Summons Procedure
  • Section 120 of the 1999 Constitution
  • Section 121 of the 1999 Constitution
  • Section 122 of the 1999 Constitution
  • Section 123 of the 1999 Constitution
  • Section 124 of the 1999 Constitution
  • Section 125 of the 1999 Constitution
  • Section 126 of the 1999 Constitution
  • Section 127 of the 1999 Constitution
  • Section 128 of the 1999 Constitution
  • Section 129 of the 1999 Constitution
  • Order 43 Rule 8 of the Federal High Court (Civil Procedure) Rules 2009
  • Section 6 of the Economic and Financial Crimes Commission
  • (Establishment) Act, 2004

Facts

This appeal is against the decision of the Court of Appeal, Kaduna, delivered on the 9th of July 2015 wherein the court below dismissed the interlocutory appeal and affirmed the ruling of the trial Federal High Court, sitting in Kano.

At the court below, the appellant's appeal was against the ruling of the Federal High Court, Kano Division which dismissed its motion that sought for a court order directing the respondent to produce the statement made by the complainants and also some of the government functionaries and House of Assembly members of Kano State. The learned trial Judge in his ruling delivered on the 10th of October, 2014, dismissed the appellant's motion.

The facts leading to this appeal as can be garnered from the record of appeal shows that the appellant, at the trial court, by an amended Originating Summons filed on 14th of October, 2014, commenced proceedings against the respondent as defendant in which the appellant posed for the determination of the trial court three questions as set out in the Originating Summons thus:

  • "a.
    Whether by the combined interpretation of Sections 120 - 128 and 129 of the Constitution of the Federal Republic of Nigeria, 1999 and Section 6 of the Economic and Financial Crimes Commission (Establishment) Act, 2004 the defendant can cause to be arrested and detained officials of the plaintiff, with respect to any matter or thing to which the House of Assembly of Kano State has exercised its legislative powers to make law in particular the official conduct of the affairs of any person, authority, Ministry or government department charged or intended to be charged with the duty or responsibility for executing or administering the appropriation laws of Kano State 2012 and 2013 in so far as they relate to government policies, decisions and appropriation, disbursement, administration of monies appropriated by the House of Assembly of Kano State and signed into law by the Governor of the State by virtue of the Appropriation laws of Kano State 2012 and 2013.
  • b.
    Whether the statements obtained by the defendant from all invited officials of Kano State between the 23rd of December, 2013 to the date of filing this suit are not elicited facts relating to, bothering on and directly connected to procedure and legislative compliance or issues to which the House of Assembly of Kano State has exercised its legislative powers to make laws by virtue of the Appropriation laws of Kano State 2012 and 2013.
  • c.
    Whether by the interpretation of the provisions of Sections 120 - 123, 125 - 127, 128 and 129 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) the defendant has the vires to initiate, cause, commence and or maintain an investigation or inquiry into any matter or thing with respect to which the House of Assembly of Kano State has powers to make laws particularly the official conduct of the affairs of any person, authority, Ministry or government department charged or intended to be charged with the duty or responsibility for executing or administering the appropriation Laws of Kano State 2012 and 2013 in so far as they relate to appropriation, disbursement and administering of monies appropriated or to be appropriated in the execution or administration of the Appropriation Laws of Kano State for the years 2012 and 2013."

The Appellant, after posing the above three questions, then prayed the trial court for various reliefs in the nature of declarations, Orders, directives and for perpetual injunctive reliefs against the respondent as follows:

Issues

  • 1.
    Whether the lower court was right in dismissing the appeal of the appellant...
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