THERESA NGOLIKA ORJI-ABADUA, JCA (Delivering the Leading Judgment): The action leading to this appeal was commenced by way of Originating Summons dated the 18th June, 2009 by the Appellant praying the Lower Court for:
1. An Order of court declaring that the defendant ceases to hold office as the Chief Magistrate Court No: 2 Nomansland Kano, from the moment he swore the oath of office as Chief Registrar of Kano State.
2. An Order of the Honourable Court directing that the above order/relief takes effect once the question contained in the Originating Summons are determined in the negative.
He presented the following questions for the determination of the Lower Court thus:
The trial Court after conducting hearing in the suit and considered the addresses of Counsel, delivered its judgment dismissing the suit. Upon the Appellant's displeasure with the judgment, he filed a Notice of Appeal dated. Following the appeal, and, in compliance with the Rules of this Court, the parties filed their …