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EZE-ELECT. MAGNUS AMADI v. CHIEF MALACHY ONU & ORS

(2017) JELR 37984 (CA)

Court of Appeal  •  CA/OW/119/2015  •  23 May 2017  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed on 7/5/2015 against the decision of Imo State High Court delivered on 27/4/2015.

The Claimants claim at the lower Court was as per paragraph 38 of his statement of claim which stated thus:

a. A declaration that the claimant on record was lawfully identified, selected and appointed/installed as Eze-elect of Agbala Autonomous Community.

b. A declaration that under the Constitution of Agbala Community, Okenze C.A. Anyadike, Celestine Kamalu as members of Late Eze Onyenekes cabinet have no role, duty or function to perform in the identification, selection, election and installation of the Eze of Agbala Autonomous Community.

c. A declaration that under the Constitution of Agbala Autonomous Community, the tenure of the Ezes cabinet ends at the expiration of the one year mourning period of the late Eze.

d. A declaration that by the Community Council Administration Law No 1 of 2012…

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