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BARRISTER JEZIE EKEJIUBA v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ANOR

(2016) JELR 36778 (CA)

Court of Appeal  •  CA/E/170/2014  •  2 Jun 2016  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellant had approached the Federal High Court of Nigeria, holden at Awka, vide an originating summons, filed on 28th September, 2011, wherein he prayed for the following:-

QUESTIONS FOR DETERMINATION

1. Whether or not the provisions of Section 78(7) of the Electoral Act, 2010 (As Amended) are from the date of the commencement of the said Act inconsistent with and violate the provisions of Section 40 of the 1999 Constitution of Nigeria (As amended)?

2. Whether or not the provisions of Section 78(7) of the Electoral Act 2010 (As Amended) enlarged, amended or altered the provisions of Sections 153 and 222 of the 1999 Constitution of Nigeria (As Amended) and curtailed the provisions of Section 40 of the said Constitution?

RELIEFS SOUGHT

1. A DECLARATION that the provisions of Section 78(7) of the Electoral Act, 2010 (As Amended) are from the date of the commencement of the said Act inconsistent with and violate the provisions o…

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