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Ghani vs FRN

Ghani VS FRN

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Conduct established under Item 3 Part 1 of the 5th<br />

Schedule to the Constitution because these<br />

payments are obviously made into the private<br />

accounts of these Ministers which they maintained<br />

abroad contrary to the Code of Conduct which the<br />

President swore to abide by in the Oath of<br />

Allegiance or Oath of Office of the President<br />

contained in the 7th Schedule of the Constitution to<br />

the Federal Republic of Nigeria, 1999.<br />

45<br />

Learned Counsel maintained that the Constitution<br />

states that a breach of the Oath of Allegiance or<br />

Oath of Office is an act of Misconduct. He referred<br />

the court to Item 19 Part 1 of the 5th Schedule to<br />

the Constitution. He contended that in the face of<br />

such breaches of constitutional and statutory<br />

provisions, who then has locus standi to complain?<br />

Learned counsel submitted that what determines<br />

locus standi had been succinctly stated in the cases<br />

of: Gani Fawehinmi v. Col.Halilu Akilu & Anor.<br />

(1987) 4 NWLR (Pt.67) page 797 at 830;<br />

Adesokan v. Adegorolu (1997) 3 NWLR (Pt.493)<br />

page 261 at 278;<br />

Bolaji v. Bambose (1986) 4 NWLR (Pt. 37) page<br />

632 at 646;<br />

Ebongo v. Uwemedimo (1995) 8 NWLR (Pt. 411)<br />

page 22 at 51;<br />

Douglas v. Shell Petroleum Development Co. Ltd.<br />

(1999) 2 NWLR (Pt. 591) page 466 at 474;<br />

Multi-purpose Ventures Ltd. v. A.G. Rivers (1997) 9<br />

NWLR (Pt. 522) page 642 at 666.

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