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THE STATE EX PARTE EZE ELECT JAPHET O. EKE V. THE MILITARY ADMINISTRATOR, IMO STATE & ORS.

(2006) JELR 33487 (CA)

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

Coram
VICTOR AIMEPOMO OYELEYE OM AGE JCA; ISTIFANUS THOMAS JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Judgement

SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of [mo 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 borne 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 the purpose of being quashed the 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 page 28 - 29 of exhibit "A " (the white paper).

The above relief sought by the appellant was predicated on the following grounds -

3. Grounds upon which Relief is sought.

(i) That the applicant was denied fair hearing by the 1st respondent and his appointees contrary to secti…

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