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ABIA STATE INDEPENDENT ELECTORAL COMMISSION V. CHIEF OKECHI KANU & ORS.

(2013) JELR 35914 (SC)

Supreme Court  •  SC.58/2009  •  10 May 2013  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC; SULEIMAN GALADIMA JSC; CLARA BATA OGUNBIYI JSC; STANLEY SHENKO ALAGOA JSC;

Appearances
Appellants not in court not represented. Hearing Notice was sent to the appellant on 18/6/2012. For Appellant J. N. Egwuonwu Esq. for the respondents with him; A. S. Akingbade Esq. For Respondent

Judgement
<p>I. T. MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The respondents, herein, as plaintiffs at the Federal High Court, sitting at Abuja (trial court) commenced by a writ of summons, the suit which gave rise to this appeal. Their claims were as follows:</p><p> i. &quot;A declaration that by virtue of section 7[4] of the 1999 Constitution, section 10[1][2][3] of the Electoral Act, 2006, S.11[4] of the Electoral Act, 2006 and S.16 of the Electoral Act, 2006, Abia State Independent Electoral Commission has no power to conduct elections for Local Government Councils on the 19th day of May, 2007 in the absence of Voters&#x27; register.</p><p> ii. A declaration that any purported method for the conduct of the forthcoming local government elections which runs contrary to the provisions of the Electoral Act, 2006 and the 1999 Constitution is unconstitutional null and void. </p><p> iii. An order of mandatory injunction restraining Abia State Independent National Electoral Commission from holding and/or conduction local …</p>

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