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OSHIEZE VINCENT AKUJOBI EHIRIM v. GOVERNOR OF IMO STATE & ORS

(2014) JELR 36137 (CA)

Court of Appeal  •  CA/PH/502/2008  •  21 Nov 2014  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; PETER OLABISI IGE JCA; FREDERICK O. OHO JCA;

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Imo State contained in the Ruling of the Honourable Justice C. I. Durueke delivered on the 23rd day of June 2008.

The Appellant approached the said Court on 8th day of May, 2008 vide Originating Summons seeking for determination of a sole question that having regard to what he described as the clear provisions of the Constitution of the Federal Republic of Nigeria, 1999 with particular reference to section 7(1) of the said Constitution:-

"Whether or not it is permissible for the 1st - 3rd Defendants to permit, direct or authorize the running of the affairs of the 4th Defendant by a non democratically elected Transition or Caretaker Committee?

WHEREFORE THE Plaintiff claims as follows:-

(a) A declaration that by the Provisions of Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999 the 1st - 3rd Defendants are incompetent to permit, direct or autho…

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