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INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ANOR V. HON. (BARR) JOE ETENE

(2013) JELR 35409 (CA)

Court of Appeal  •  CA/C/79/2012  •  6 Dec 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ONYEKACHI A. OTISI JCA;

Appearances
Chief Uting Eteng Holding the brief of Victor Odjemu For Appellant V. C. Mba For Respondent

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): By the originating summons dated and filed on the 24/3/2011 at the Registry of the Federal High Court, sitting at Calabar, the Respondent had submitted the following questions for determination by that court:-

"1) Whether Law No.7 of 2007 passed by the Cross River State House of Assembly pursuant to Section 4(7) and Section 8(4) of the 1999 Constitution and the inherent legislative power of the Cross River State House of Assembly which came into force on the 12th April, 2007 was validly passed.

2) Whether the defendants have the power to declare any part of Akpabuyo or Bakassi Local Government Area as "unceded part" of Bakassi peninsular and so carry out registration of voters only in those areas as the new Bakassi Local Government without regard to Law No. 7 of 2007 of the Cross River State House of Assembly.

3) Whether the defendants can be compelled to conduct elections in the 3 wards of Ikang in Bakassi Local Governme…

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