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GARBA JCA (Delivering the Lead Judgment): By originating summons filed on 12 January 2004 at the Imo State High Court Justice, (hereinafter , the lower court), the appellant had sought the determination of the following questions from that court:
“(a) Can a Local Government Council in exercise of its powers conferred on it under section 5(1) and 5(3) of the said law forward the names of more than one person to the Governorfor recognition with respect to the Ezeship of one Autonomous Community?
Assuming without so conceding that the answer to the above question is in the affirmative, can the Governor to whom the names were forwarded resolve the conflict arising therefrom without recourse to the provisions of section 12(2)(a) and (b) of the self same law?
In this particular case, in the face of the suits filed by the 3rd defendant in which he challenged the suitability of the plaintiff for recognition by the 1st defendant which suits are still pending, do the above not show that there is…