I.T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): By an originating summons, the plaintiffs before the Kogi State High Court of Justice, holden at Okene (lower court) raised the following questions for determination -
"(i) Whether the 2nd defendant could purport to pass a bill creating additional local government in Kogi State without strict adherence to the provisions of sections 3(6), 7(1) and (2) and 8(3) of the Constitution of the Federal Republic of Nigeria, 1999.
(ii) Whether the 3rd defendant could purport to assent to a bill purportedly passed by the 2nd defendant in clear contravention of the provisions of sections 3(6), 7(1) and (2) and 8(3) of the Constitution of the Federal Republic of Nigeria, 1999.
(iii) Whether the defendants jointly and severally could purport to carry out or give effect and or implement the provisions of any law purporting to create new local government councils in Kogi State in clear contravention of the mandatory provisions of sections 3(6), …