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

(2008) JELR 49399 (CA)

Court of Appeal  •  CA/A/19/08  •  4 Jun 2008  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; JIMI OLUKAYODE BADA JCA; ABDU ABOKI JCA;

Appearances
Jeph C. Njikonye For Appellant G.U. Nwaneri;O.C. Egbase (Miss),O.O. Olusanya For Respondent

Judgement
<p>MARY U. PETER-ODILI, J.C.A.: (Delivering the Leading Judgment): On the 14th day of May, 2007 the Respondents as plaintiffs commenced the suit subject matter of this appeal at the Federal High Court, Abuja claiming the reliefs contained in their writ of summons and paragraph 15 of their Statement of Claim thus:-</p><p> (i) A declaration that by virtue of Section 7(4) of the 1999 Constitution; section 10(1); (2); (3); (4) of the Electoral Act 2006; Section 11(4) of the Electoral Act 2006; and Section 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 the absence of voters 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 Indepe…</p>

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