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MARTINS ALO v. SPEAKER, ONDO STATE HOUSE OF ASSEMBLY & ANOR

(2018) JELR 38362 (CA)

Court of Appeal  •  CA/AK/4/2017  •  27 Mar 2018  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice W. A. Akintoroye of Akure Division of the High Court of Justice, Ondo State delivered on 18th of July, 2016. In which he declined jurisdiction to hear a Motion for Order of Mandamus against the Respondents.

BRIEF STATEMENT OF FACTS

1. The Appellant applied through his solicitors by a letter dated 6th January, 2016 for the approved Audited Account of Ondo State between 2012 and 2014.

2. In the said letter, his solicitors described him as journalist and Civil Right Activist (see page 5 of the records). However in his affidavit in support of motion exparte and motion on notice he described himself as a journalist and a project officer at Upline Resources Foundation, a Non-Governmental Organization, based in Akure.

3. The Respondents by their Counter-affidavit deposed to against the motion on notice for mandamus, stated that the 1st Respondent does not keep the statement of …

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