T. O. AWOTOYE, J.C.A (Delivering the Leading Judgment): This is the judgment in respect of an appeal against the decision of Aprioku J. of the River State High Court delivered on 21/2/2011.
By his originating summons filed on 25/11/2010 the claimant in the court below sought for the determination of the following questions and consequential reliefs.
"1. Whether by the provisions of the Rivers State Independent Electoral Commission Law of Rivers state Local Government Law 1999 as amended, Erections shall hold in Ogba/Egbema/Ndoni L.G.A. of Rivers State in 2011.
2. Whether by the provisions of the said laws a vacancy shall exist in Ogba/Egbema/Ndoni L.G.A. of Rivers State in 2011. AND if the above questions are answered in the affirmative; the claimant claims/asks for the following:
A. A Declaration that by virtue of the combined provisions of SS and 66(1) (3) of the Rivers state Local Government Law, 1999 as amended, the tenure of the Ogba/Egbema/Ndoni L.G.A. Council shall expire in Ma…