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ACTION CONGRESS (AC) ALL NIGERIA PEOPLES’ PARTY (ANPP) NATIONAL CONSCIENCE PARTY (NCP) V. OSUN STATE INDEPENDENT ELECTORAL COMMISSION ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE, OSUN STATE

(2009) JELR 51190 (CA)

Court of Appeal  •  CA/I/1/08  •  19 Mar 2009  •  Nigeria

Coram
ISTIFANUS THOMAS JCA (Presided) CHIDI NWAOMA UWA JCA (Read the Lead Judgment) MODUPE FASANMI JCA

Appearances
Femi Falana Esq. (with him, Wale Afolabi Esq and Olatunji Ibrahim Esq, Funmi Falana (Mrs.)) - for the Appellants. -*- A.A. Abimbola - for the Respondents.

Judgement
<p><strong> UWA JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the Osun State High Court delivered on 14 December 2007 in which five of the six reliefs sought by the appellants as plaintiffs were refused. The appellants in the lower court challenged the constitutionality of the Local Government Election which was at the time scheduled to take place on 15 December 2007.</p><p>The appellants as plaintiffs in their originating summons filed on 8 November 2007, claimed the following reliefs:</p><p>“A declaration that by the combined provisions of paragraphs 11 and 12 of Second Schedule to the 1999 Constitution and section 121 of the Electoral Act, the National Assembly has powers to make laws with respect to registration of voters and the procedure regulating elections to Local Government Council. </p><p>A  declaration that section 10 of the Electoral Law of Osun State which stipulates 21 (twenty-one) days notice of the date of election into Local Government in Osun State is null and void…</p>

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