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ALLIANCE FOR DEMOCRACY (AD) & ORS V. THE INDEPENDENT NATIONAL ELECTORAL COMISSION (INEC)

(2003) JELR 44913 (CA)

Court of Appeal  •  CA/I/147/2002  •  5 May 2003  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; FRANCIS FEDEODE TABAI JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

F. F. TABAI, J.C.A. (Delivering the Leading Judgment): This action was filed at the Osogbo Judicial Division of the High Court of Osun State. The reliefs claimed by the Plaintiff/Appellant against the Defendants/Respondents jointly and severally were for-

"(a) A declaration that under and by virtue of the provisions of part 1 paragraph 15 of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria and the Electoral Act 2001, the 1st Defendant has the duty to organize, conduct and supervise State Assemblies Election, including Bye-Elections. Arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise and/or update the register of voters for the purpose of any election under the said Constitution.

(b) A declaration that the 1st Defendant is bound by the decision of the meeting held on or about Wednesday April 24th under the Chairmanship of Chief of the Armed Forces of the Federal Republic of Nigeria in which the Chairman and O…

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