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NJABA LOCAL GOVERNMENT COUNCIL v. UCHENDU VITALIS CHIGOZIE & ORS.

(2010) JELR 33765 (CA)

Court of Appeal  •  CA/PH/LGE/396/2008  •  12 Jul 2010  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; HELEN MORONKEJI OGUNWUMIJU JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of A. O. Ukachukwu J. of the Imo State High Court delivered on 18/3/08. The facts that led to this appeal are as follows:

The Plaintiff now (1st Respondent) on appeal commenced a suit dated 6/8/07 by originating summons at the High Court posing the following questions and asking for the following reliefs:

1. Whether by the interpretations of the provisions of Imo State Electoral Law, No. 5 of 2001 as amended and the Imo State Local Government Administration Law, No. 15 of 2000, the Plaintiff is entitled to be accorded the due and full recognition as the democratically elected councilor for Achara Ward of the 3rd Defendant, Njaba Local Government with effect from the date of his return including the taking and subscribing to the oath of allegiance and oath of office.

2. Whether the Plaintiff's 3-year tenure shall commence immediately upon being sworn-in, in the face of his return…

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