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ACCORD PARTY & ORS V. THE GOVERNOR OF KWARA STATE & ORS

(2009) JELR 33630 (CA)

Court of Appeal  •  CA/IL/15/2008  •  8 Jun 2009  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; IGNATIUS IGWE AGUBE JCA; CHIMA CENTUS NWEZE JCA;

Judgement

JUSTICE IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Justice, Kwara State, Ilorin Division, delivered by the Honourable Justice E. B. Mohammed on the 27th of November, 2007, striking out the Plaintiffs/Appellants' suit No. KWS/133/07 for want of jurisdiction.

It would be recalled that the Plaintiffs/Appellants had on the 9th of November, 2007, by way of Originating Summons dated 8th November, 2007, sought for the following questions to be determined by the High Court:-

1. Whether the 1st and 2nd Defendants could lawfully and validly constitute the 3rd Defendant inspite of the judgment of the Supreme Court in the Suit of Governor of Kwara State and Ors. v. Alhaji Issa Ojibara Suit No. SC/166/2004 delivered on 15/12/2006?

2. Whether the 3rd Defendant constituted by the 1st and 2nd Defendants inspite of the Supreme Court decision can validly and legally conduct election into the Local Government Council Areas of Kwa…

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