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ATTORNEY-GENERAL OF DELTA STATE V. PA NENE ASIN & ORS.

(2010) JELR 33706 (CA)

Court of Appeal  •  CA/B/221/2002  •  9 Jul 2010  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; OYEBISI FOLAYEMI OMOLEYE JCA; CHIOMA EGONDU NWOSU-IHEME JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Headquarters of the Warri South-West Local Government of Delta State was at Ogidigben, until the House of Assembly passed the "Establishment, Structure, Composition, Finance, and Functions of Local Government Councils in Delta State Law, and therein the Headquarters of the LGA was relocated to Ogbe-Ijoh. The 1st - 5th Respondents felt it was their duty to do something about it, and they filed an action by a writ of summons dated 25th October 1999 at the Asaba High Court of Delta State. However, with the leave of Court, the writ of summons was subsequently converted to an Originating Summons, which they filed on the 20th of March 2000, for the determination of the following questions -

(a) Whether under the provisions of the 1999 Constitution, Local Government (Basic Constitutional and Transitional Provisions) Decree No. 7 of 1997, Local Government (Basic Constitutional and Transitional provisions) Decree No. 36 of 1998 a…

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