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THE CHAIRMAN, NATIONALPOPULATION COMMISSION V. THECHAIRMAN, IKERELOCAL GOVERNMENT HIS HIGHNESS, OBA ADEGBOYE AKAIYEJO II (THE OGOGA OF IKERE) IKERE LOCAL GOVERNMENT ( FOR THEMSELVES AND ON BEHALF OF THE ENTIRE MEMBERS OF THE COMMUNITYOF IKERE LOCAL GOVERNMENT, ONDO STATE

(2001) JELR 55582 (SC)

Supreme Court  •  SC.111/1997 .  •  13 Jul 2001  •  Nigeria

Coram
SYLVESTER UMARU ONU, JSC (Presided) ANTHONY IKECHUKWU IGUH, JSC ALOYSIUS IYORGYER KATSINA-ALU, JSC OKAY ACHIKE, JSC EMMANUEL OLAYINKA AYOOLA, JSC (Read the Lead Judgment)

Judgement

AYOOLA, JSC (Delivering the Lead Judgment): The main question in this appeal is whether the procedure adopted by the Census Tribunal in trying on affidavits the complaint brought before it by the respondents pursuant to the National Population Commission Act [Cap 270; Laws of the Federation of Nigeria, 1990] (as amended and further amended) (“the Act”) has vitiated the proceedings. By section 1 of the Act, the National Population Commission (“the Commission”) was established for the Federal Republic of Nigeria. By section 6(a), the Commission is to:- “undertake the enumeration of the population of Nigeria A periodically, through censuses, sample surveys or otherwise;” Section 26A of the Act, as amended by the National Population Amendment Act, 1991, provides that:- “There shall be established in designated centres census Tribunal to hear complaints and objections to census results as they relate to the specific Local Government Areas or Localities.” The Act as amended by the 1991 Am…

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