Court of Appeal sitting in Benin, Edo State, on Monday referred a case brought before it by members of the dissolved Edo State House of Assembly Service Commission to the Chief Judge of the state for re-assignment.
The appeal was brought by Abraham Esesene and others against the Speaker of the House.
Justice G. O. Shoremi scolded the counsel for the Assembly for failing to address issues raised in the originating summons as originally pleaded by the appellants at the lower court.
Members of the dissolved commission had in their case referenced CA/B/244/2010, approached the Appeal Court to set aside the judgment of the lower court, praying that commencement of the case through originating summons was in order, and to order their re-instatement.
The appellants also prayed the superior court to determine whether or not the EDHA, through a resolution, had powers to dissolve the commission and whether the house could exercise executive powers, by removing them from office.
Justice Shoremi, who was delivering his last judgment as a member of the bench, ordered that the case be "remitted to the Chief Judge of Edo State, for re-assignment to another judge for trial."