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THE INCORPORATED TRUSTEES OF CATHOLIC DIOCESE OF EKITI STATE V. ATTORNEY GENERAL OF EKITI STATE & COMMISSIONER FOR EDUCATION

(2018) JELR 39619 (CA)

Court of Appeal  •  CA/EK/2/2017  •  10 Jan 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Appearances
Chief A.A. Adeniyi with him, Rev. FR Emmanuel Akingbade, Rev. Fr. Dominic Agbara, S.E. Okonkwo and A.A. Ajila, Esq. For Appellant Dr Felix Ajakaye (A.G of the State) appear in person.Kolapo Kolade (A.G Ekiti State) with him, SBJ Bamishe (DCL), Julius Ajibare (DPCL), Yewande Daniyan (SLO) and Tolulope Omopitan (L.O) For Respondent

Judgement
<p><strong>PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): </strong>This Appeal is against the judgment of High Court of Justice of Ekiti State sitting at Ado-Ekiti delivered by Hon. Justice C.I. Akintayo on the 13th day of October 2016, a Judgment which is contained at pages 303 to 329 of the Record of Appeal.</p><p>Dissatisfied with the said judgment, the Appellant herein has appealed to this Court on six grounds as contained in her notice of appeal dated 5th January, 2017.</p><p>FACTS OF THE CASE</p><p>The Appellant by her originating Summons challenged at the lower Court, the propriety of the introduction of the payment of Education Development levy in Ekiti State. The grouse of the Claimant is that payment of the levy by pupils of primary and Junior Secondary Schools in Ekiti State offends Section 2 of the Compulsory Free Universal Basic Education Act, 2004 and Section 19 of Ekiti State Universal Basic Education Board (SUBEB) Law, Section 1(1), 5(1) (2), 9 and 10 Part II Second Schedule of the Constitution ofโ€ฆ</p>

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