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GOV. OF EBONYI STATE & ORS. V. HON. JUSTICE E. I. ISUAMA

(2003) JELR 51526 (CA)

Court of Appeal  •  CA/E/145/2001  •  20 Jan 2003  •  Nigeria

Coram
JOHN AFOLABI FABIYI, JCA CLARA BATA OGUNBIYI, JCA

Appearances
A. N. Anyamene, SAN (with him, N. N. Uko ) - for the Appellants. -*- U. N. Udechukwu, SAN (with him, E. Nwanne ) - for the B -*- Respondents.

Judgement
<p><strong> PATS-ACHOLONU, JCA (Delivering the Lead Judgment): </strong> The respondent in this case had applied in the court below by a motion on noticefor an order of <em> certiorari </em> compelling the 1st, 2nd and 3rd appellants (then respondents) to transmit their decision or records contained in the votes and proceedings of 24th July, 2000 and 12th September, 2000 to the High Court for being quashed or invalidated; and also an order of prohibition preventing the 1st, 3rd, 5th and the respondents from recommending or accepting the recommendations for approving or accepting the approval of swearing in into office of the 4th defendant.</p><p>Prior to that, the respondent in this case had in the statements in respect of the application for an order of <em> certiorari </em> objected in the most strenuous manner his removal from office as the Chief Judge; an act which he stated was unconstitutional having been in violation of section 292 ofthe Constitution and he asked the court below to declare his removal unconstitutional, an…</p>

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