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OSHIEZE VINCENT AKUJOBI EHIRIM V. IMO STATE INDEPENDENT ELECTORAL COMMISSION & ORS

(2012) JELR 33431 (SC)

Supreme Court  •  SC.139/2008  •  13 Apr 2012  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; FRANCIS FEDODE TABAI JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC;

Judgement

A.M. MUKHTAR, J.S.C.: (Delivering the Leading Judgment): In the High Court of Imo State, Owerri Division, the appellant, by way of an amended originating summons, sought answers to the following questions:-

"1. Whether or not the term of office of the Plaintiff as Chairman of Owerri Municipal Local Government is not to run for 3 years commencing on the 24th day of June, 2005 when he took his oath of office?

2. Whether or not the 1st Defendant is competent to conduct election for the purposes of electing the Chairman of Owerri Municipal Local Government by the 24th day of February, 2007 or any other date before the expiration of the Plaintiff's tenure in office?"

The Plaintiff sought the following reliefs against the defendants:-

"(a) A declaration that by the Provisions of Section 23(1) of the Imo State Local Government Administration Law No. 15 of 2000 the Plaintiff is entitled to hold office as Chairman of Owerri Municipal Local Government Council for 3 years commencing on the 24th …

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