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HON. MARYATI AUDU DOGARI HON. KUBAN A. KWANCHI HON. ABBA JOSHUA HON. GILBERT EDWARD HON. KEFAS MODDIBO V. ATTORNEY-GENERAL OF TARABA STATE GOVERNOR OF TARABA STATE TARABA STATE HOUSE OF ASSEMBLY TARABA STATE INDEPENDENT ELECTORAL COMMISSION

(2011) JELR 57568 (CA)

Court of Appeal  •  CA/J/243/2010  •  26 May 2011  •  Nigeria

Coram
ZAINAB A. BULKACHUWA JCA (Presided) TOM SHAIBU YAKUBU JCA ITA GEORGE MBABA JCA (Read the Lead Judgment)

Appearances
F. K. Idepefo Esq. - for the Appellants. -*- Y. D. Yakubu Esq. (DCL), Taraba State - for the 1st and 2nd Respondents. -*- E R. T. Ilatausai Esq. - for the 3rd Respondent. -*- T. El-Sudi Esq. - for the 4th Respondent.

Judgement

MBABA JCA (DELIVERING THE LEADING JUDGMENT): Appellants, who were the plaintiffs in the court below, brought this appeal against the judgment of the High Court of Taraba State presided over by M. A. Danjuma J. (as he then was) in suit No. TRSJ/20/2010, delivered on 7 July 2010, whereof that court held in favour of the defendants (now respondents) and dismissed the case of the plaintiffs.

The plaintiffs had sought the following reliefs from the High Court, by way of originating summons:

“(1) A declaration that the provision of section 118(c)of the Taraba State Local Government Law, No. 2 of 2000 as amended by the Taraba State Local Government (Amendment Law) No. 12 of 2009 is inconsistent with the provision of section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999.

(2) A declaration that the dissolution of the democratically elected Government of Karim Lamido Local Government Council by the 2nd defendant pursuant to the provision of section 118(C) of the Local Governm…

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