The Court of Appeal, Benin Division has dismissed an appeal filed by former Speaker of Edo State House of Assembly, Zakawanu Garuba and Levis Aigbogun, seeking consolidation of applications on jurisdiction and accelerated hearing of the applications and substantive suit challenging their removal as Speaker and Deputy Speaker of the Edo state House of Assembly respectively in February this year.
Hon. Zakawanu Garuba had approached the appellate court, requesting it to invoke its powers and consolidate all the pre-substantive suit applications with a view to ruling on them.
He asked for accelerated hearing in the case because their tenure was time-bound.
The three-man Court of Appeal panel, made up of Justices A.A.B. Gumel, Amiru Sanusi and Oladeinde Soremi, held that the ruling of the lower court on the matter on April 26, 2010, when the court took a decision to hear the applications before it in turns, was a determination of some sorts because parties in the matter had exchanged arguments and made submissions.
The Court of Appeal further held that the appeal was an interlocutory appeal, which could only be brought after a leave of the appellate court or that of the High Court had been sought.
The appellate court, in its judgment read by Justice Gumel, however, added that the lower court was right in exercising its discretion.
"This appeal is an interlocutory appeal. It can only be brought after a leave of the court. Without this leave, this appeal remains incompetent. This appeal is hereby struck out," the court declared.
Ex-Edo Speaker loses appeal (http://thenationonlineng.net/web3/news/21339.html)