(2014) 11 S.C. 84  

IN THE SUPREME COURT OF NIGERIA HOLDEN AT ABUJA

ON FRIDAY, THE 21ST DAY OF NOVEMBER 2014

BEFORE THEIR LORDSHIPS

 

WALTER S. N. ONNOGHEN
SULEIMAN GALADIMA
BODE RHODES-VIVOUR
NWALI S. NGWUTA
KUMAI B. AKA’AHS
KUDIRAT M. O. KEKERE-EKUN
JOHN I. OKORO
JUSTICE, SUPREME COURT
JUSTICE, SUPREME COURT
JUSTICE, SUPREME COURT
JUSTICE, SUPREME COURT
JUSTICE, SUPREME COURT
JUSTICE, SUPREME COURT
SC. 418/2013

 

BETWEEN:

ALHAJI SANI ABUBAKAR DANLADI

— APPELLANT

AND

  1. TARABA STATE HOUSE OF ASSEMBLY
  2. RT. HON. ISTIFANUS GBANA
    (Speaker, Taraba State House of Assembly)
  3. HON, JUSTICE J. Y. TURKUR
    (Acting Chief Judge of Taraba State)
  4. THE ATTORNEY-GENERAL OF TARABA STATE
  5. THE GOVERNOR OF TARABA STATE
  6. ALHAJI GARBA UMARU
    (Deputy Governor, Taraba State)
— RESPONDENT


Court History:

  • High Court from which case arose: High Court of Taraba State, Jalingo Judicial Division (Coram:Bashir, J. )
  • Date of High Court judgment: 19th March, 2013
  • Court of Appeal Division from which appeal arose: Court of Appeal, Yola Judicial Division (Coram: Abba-Aji (delivered the

 

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leading  judgment),  Sankey,  Agube,  Tine  Tur  and  Tsamanni JJCA  (Concurring)

  • Date of Court of Appeal judgment: 19th July, 2013.

MAIN ISSUE:

CONSTITUTIONAL LAW – Impeachment of any elected or appointed official – need to be handled with all seriousness and with solemnity – need for strict adherence to all the steps laid down in the Constitution for the exercise of impeachment.  See:  Section 188 of the 1999 Constitution- whether legislative acts can be conducted outside parliament.

Facts:

This appeal emanated from the proceedings of a panel set up by the Acting Chief Judge of Taraba State at the instance of the 1st Respondent to investigate allegation of gross misconduct against the Appellant.  Based on the report of the panel, the 1st Respondent removed the Appellant from office as the Deputy Governor of Taraba State.

Appellant challenged his impeachment and removal from office in the High Court of Taraba State. The trial high court ruled against him.  He appealed to the Court of Appeal which court dismissed the appeal. Appellant then further appealed to the Supreme Court seeking the following reliefs:

  1. Allow the appeal.
  2. Set aside the judgment of the Court of Appeal, Yola Judicial Division in its entirety delivered on 19th July, 2013 which affirmed the judgment of the trial court.
  3. Set aside the judgment of the trial court dismissing the Appellant’s originating summons.
  4. Nullify the impeachment proceedings and the impeachment (removal) of the Appellant as the Deputy Governor of Taraba State.
  5. An order re-instating the Appellant as the Deputy Governor of Taraba State.

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