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

(2009) JELR 47314 (SC)

Supreme Court  •  SC.233/2008  •  4 Dec 2009  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

M. MOHAMMED, JSC (Delivering the Leading Judgment): The Appellants in this appeal as Plaintiffs had commenced their action by Originating Summons at the High Court of Justice of Anambra State sitting in Awka claiming a number of declaratory reliefs, the principal of which reliefs is on their tenure of office as members of the Anambra State House of Assembly who were elected in the general election conducted for all the Houses of Assembly in Nigeria in May, 2003. The Appellants action was against the Governor of Anambra State and the members of the Anambra State House of Assembly who were elected in the general election conducted for Houses of Assembly in the States of the Federation of Nigeria on 14th April, 2007. The reliefs claimed by the Appellants were based on the undisputed facts or factors surrounding the success of the Anambra State Governor Peter Obi in the election petition dispute between him and Governor Dr. Chris Ngige in the election to the office of the Governor of Anam…

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