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THE STATE EX PARTE EZE ELECT JAPHET O. EKE V. THE MILITARY ADMINISTRATOR, IMO STATE THE ATTORNEY-GENERAL AND COMMISSIONER FOR JUSTICE, IMO STATE EZE ELECT AZUBUIKE C. ENNYINNAY

(2006) JELR 53205 (CA)

Court of Appeal  •  CA/PH/278/2000  •  30 Nov 2006  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA (Presided) ISTIFANUS THOMAS JCA IBRAHIM M. MUSA SAULAWA JCA (Read the Lead Judgment)

Judgement

SAULAWA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the High Court of Imo State, Owerri, coram Ogwu-Rille J dated 8th December, 1999 dismissing the appellant’s application for an order of certiorari . It is trite that the appeal has had a chequered historical background. As born out by the records, the appellant had on 15/10/97 filed an ex parte application dated 02/10/97 in the lower court praying for leave -

“... to apply for an order of certiorari to remove into the High Court for t he purpose of being quashed t he proceedings, recommendation and the acceptance of same by the Military Administrator of Imo State in the matter of Ezeship stool of Obinze Autonomous Community in pages 28 - 29 of exhibit A (the white paper).” The above relief sought by the appellant was predicated on the following grounds - Grounds upon which relief is sought -

That the applicant was denied fair hearing by the 1st respondent and his appointees contrary to sectio…

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