INAKOJU V ADELEKE RASHIDI LADOJA

Issue:

On 13th December, 2005, the Oyo State House of assembly sat at the usual Assembly Complex Secretariat, Ibadan. The appellants sat at D'Rovans Hotel Ring Road, Ibadan, where they purportedly suspended the Draft Rules of the Oyo State House of Assembly. The appellants purportedly issued a notice of allegation of misconduct against Senator Ladoja, the Governor, with the purpose of commencing impeachment proceedings against him. On 22nd December, 2005, without following the laid down rules, regulations and the Constitution of the Federal Republic of Nigeria, the appellants purportedly passed a motion calling for the investigation of the allegations of misconduct against Senator Ladoja without the concurrent consent and approval of the two-thirds majority of the 32 member House of Assembly. The purported notice of allegations of misconduct against the Governor was not served on each member of the House of Assembly. Aggrieved by the procedure of removing Senator Ladoja, the respondents as plaintiffs, filed an action at the High Court of Justice, Oyo State by way of Originating Summons. They asked for six declaratory reliefs and three orders setting aside the steps taken by the appellants/defendants "in relation to the issuance of Notice of allegation of misconduct, passage of motion to investigate same and injunction restraining the appellants/defendants, their agents, servants, privies or through any person or persons from taking any further steps, sitting, starting, or continuing to inquire or deliberate on the investigation and impeachment proceedings of His Excellency, Senator Rasheed Adewolu Ladoja." The action was supported by a 17-paragraph affidavit. In a preliminary objection, the appellants as applicants contended that the court lacked jurisdiction to entertain the suit and that the plaintiffs lacked locus standi to institute the suit. They also contended that the claims did not disclose a reasonable cause of action. In his Ruling of 28th December, 2005, the learned trial Judge, Ige J. upheld the preliminary objection that he had no jurisdiction to deal with the matter. On appeal to the Court of Appeal, Ogebe, JCA, held that the High Court had jurisdiction to hear the matter, hence further appeal to the Supreme Court.