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ATTORNEY GENERAL OF EDO STATE v. ORIANE AKERE ESQ & ORS

(2018) JELR 38422 (CA)

Court of Appeal  •  CA/B/399/2015  •  6 Jun 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Edo State delivered by Hon. Justice A. N. Erhabo, J on 5th May 2014 in suit No. B/2/0S/13, wherein the lower Court refused the Appellants application for joinder.

The matter commenced at the lower Court by the Respondents originating summons filed on 18th January 2013 wherein the following questions were posed for determination by the Court.

1. Whether in the light of S.7 and paragraph 1(j) of the Schedule IV of the Constitution of the Federal Republic of Nigeria 1999 as amended, the Edo State Government can validly impose land use charge on residential buildings in Edo State.

2. Whether in the light of S.7 and paragraph 1(j) of Schedule IV of the Constitution of the Federal Republic of Nigeria as amended the Edo State Land Use Charge on Residential Building in Edo State is not unconstitutional and consequently invalid and of no effect whatsoever.

3. Whether in the light of…

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