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DA KABIRIKIM (DU DISTRICT HEAD) & ANOR V. HON. JUSTICE LUKE EMEFOR & ORS

(2009) JELR 47318 (SC)

Supreme Court  •  SC.242/2002  •  17 Jul 2009  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

W. S. N. ONNOGHEN, J.S.C (Delivering The Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Jos in appeal NO. CA/J/76/99 delivered on the 22nd day of November, 2000 in which the court dismissed the appeal of the present appellants against the judgment of the High Court of Plateau State, Holden at Jos, in suit No.PLD/J382/91 delivered on the 6th day of April, 1996 against the appellants who were the plaintiffs in that court.

By paragraph 11 of their statement of claim, the present appellants, as plaintiffs, claimed the following reliefs:

"WHEREFORE the plaintiffs claim against the Defendants jointly and severally:-

(a) A Declaration that the power conferred on the Military Governor of Plateau State by section 2(1) of the Commission of Inquiries Law Cap. 25 Laws of Northern Nigeria applicable in Plateau State of Nigeria did not entitle the Military Governor to commission the 1st to 3rd and 6th Dependants to inquire into the matters set out in t…

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