CORAM
SAIFULLAHI MUNTAKA-COOMASIE, JUSTICE,SUPREME COURT
PARTIES
1.HON. MICHAEL DAPIANLONG
2.HON. NAZIFI MOHAMMED
3. HON. RAHILA BALERI
4. HON. NANCHANG NAPCHWAT
5. HON. EMMANUEL DANBOYI JUGUL
6. HON. DINA LAR.
APPELLANTS
CHIEF (DR) JOSHUA CHIBI DARIYE & ANOR
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plateau State House of Assembly impeached the 1st respondent, Chief Joshua Chibi Dariye (Governor of Plateau State) without properly complying with the provisions of the Constitution.
HELD
The Supreme Court held that the impeachment of the respondent was unconstitutional and therefore null and void. The Court ordered the reinstatement of the 1st respondent to the office of Governor of Plateau State.
ISSUES
The central issue in this appeal is whether the actions of the 8 members of the Plateau State House of Assembly were in conformity with section 188 of the 1999 Constitution.
RATIONES DECIDENDI
OUSTER CLAUSE
“It is true that section 188(10) of the 1999 Constitution ousts the jurisdiction of the courts in respect of the impeachment of a Governor or Deputy Governor but that must be subject to the rule that the legislature or the House of Assembly complied with all the Constitutional requirements in section 188 needed for the impeachment as the courts have jurisdiction to determine whether the said Constitutional requirements have been strictly complied with or not.” W.S.N. ONNOGHEN, JSC
CASES CITED
Inakoju & 17 Ors. v. Hon. Adeleke & 3 Ors. (2007) NWLR (Pt. 1025) 427
STATUTES REFERRED TO
The 1999 Constitution of the Federal Republic of Nigeria