BERNARD AKOMAS V. GOVERNMENT OF IMO STATE & ORS

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The Appellant at the High Court of Imo State in suit no. HOW/726/2012 against the Respondents by way of originating summons challenged the constitutionality of some provisions of the Imo State Autonomous Community Councils Administration Law No. 1 of 2012. The prayers were supported by an affidavit. The 2nd defendant who is the 2nd Respondent in this appeal filed a counter affidavit and joined issues with the Appellant. The Appellant and 2nd Respondent placed their argument of the suit in writing before the Court. In its judgment, the trial Court struck out the suit on the basis that the body of the affidavit in support of the originating summons is replete with averments showing that the cause the plaintiff was pursuing in the suit belongs to the Achara Town Union in Obowo Local Government Area of Imo State and therefore that the claimant lacked the locus standi to institute the suit personally.

The Appellant in this appea…