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ALHAJI BASHIR ZUBAIRU USMAN V. KADUNA STATE HOUSE OFASSEMBLY (2008)

case summary

Court of Appeal (Kaduna Division)

Before Their Lordships:

  • Baba Alkali Ba'aba JCA
  • Amiru Sanusi JCA
  • Abubakar Abdul Kadir Jega JCA

Parties:

Appellant:

  • Alhaji Bashir Zubairu Usman

Respondents:

  • 1. Kaduna State House of Assembly
  • 2. The Speaker, Kaduna State House of Assembly
  • 3. The Clerk, Kaduna State House of Assembly
Suit number: KDH/KAD/575/2006

Background

This case concerns Alhaji Bashir Zubairu Usman, a former member of the Kaduna State House of Assembly.

After having served as Speaker, he was declared as having vacated his seat following his prolonged absence from House meetings. The current Speaker invoked constitutional provisions to declare Usman’s seat vacant, leading him to challenge this declaration in the Kaduna State High Court, asserting that it was unlawful and unconstitutional due to a lack of due process.

Issues

The significant legal issues addressed by the Court of Appeal included:

  1. Whether the trial Judge had jurisdiction to entertain the suit after having originally approved it.
  2. The role of fair hearing principles in the administrative security of the legislative assembly.
  3. The right of Usman to seek redress against his purported expulsion.

Ratio Decidendi

The Court of Appeal held that the trial court acted beyond its jurisdiction in the final ruling, contrary to its earlier order, which admitted jurisdiction over the matter and did not consider the evidence presented concerning Usman’s absence.

Court Findings

The court found that:

  1. The basis for declaring Usman’s seat vacant was flawed, as proper processes including a fair hearing were not followed.
  2. The High Court had jurisdiction to preside over the case concerning Usman's expulsion.
  3. The original ruling, which recognized jurisdiction, was effectively reversed erroneously by the trial Judge, rendering the later judgment ultra vires.

Conclusion

The Court of Appeal allowed Usman's appeal, overturning the decision of the Kaduna State High Court and ruling that his claims regarding due process and fair hearing should proceed further.

Significance

This case underscores important aspects of procedural fairness in legislative matters and the jurisdiction of state courts to handle constitutional issues regarding member expulsion, establishing precedents about adherence to fair hearing in legislative contexts.

Counsel:

  • Chief Y.U. Usman SAN (for the Appellant)
  • Mr. E. Toro SAN (for the Respondents)