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RT. HON. MICHAEL BALONWU & ORS. V. GOVERNOR OF ANAMBRA STATE & ORS.

(2008) JELR 48903 (CA)

Court of Appeal  •  CA/E/319/2007  •  26 Jun 2008  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA STANLEY SHENKO ALAGOA JCA MOHAMMED LADAN TSAMIYA JCA OLUKAYODE ARIWOOLA JCA; SIDI DAUDA BAGE JCA;

Judgement

VICTOR AIMEPOMO O. OMAGE, J.C.A.: (Delivering the Leading Judgment): This is an appeal from the decision of C. O. Nweke Judge of the Anambra State High Court delivered on 17th September 2007 at Awka in the Anambra State of Nigeria. The trial judge in a considered judgment dismissed the appeal which was commenced by the plaintiff by originating summons. The Plaintiff was dissatisfied with the decision of the court below. He has filed this appeal.

In the suit, the plaintiff seeks the following declarations:

"1. That upon the interpretation of Section 105(1) and (3) of the 1999, Nigerian Constitution, the four year terms of the plaintiff commenced upon the proclamation of the holding of first session of the House of Assembly of the State by the person elected as Governor of the State who is His Excellency Mr. Peter Obi on the 20th day of March 2006.

2. A declaration that in keeping with Section 105 (1) and (3) of the Constitution of Nigeria 1999, the first session of Anambra State House …

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