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DOZIE OBIONWU & ORS V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2013) JELR 41218 (CA)

Court of Appeal  •  CA/E/303/2011  •  3 Dec 2013  •  Nigeria

Coram
ADZIRA G. MSHELIA JCA; IGNATIUS IGWE AGUBE JCA; EMMANUEL AKOMAYE AGIM JCA;

Appearances
G.E. Ezeuko Jnr. Esq, with A.C. Ezeodili Esq. For Appellant Dr. Onyechi Ikpeazu SAN with Ben Osaka Esq. and E.A. Nzegwu Esq. For Respondent

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 17th of December 2010 the appellants herein, as plaintiffs commenced Suit No. FHC/AWK/CS/276/2010 by filing an originating summons claiming for:-

(a) A declaration that Anambra State House of Assembly is improperly constituted per the current number of thirty state legislators, in contravention of Sections 75, 91, 112, 113 and 114 of the 1999 Constitution.

(b) A declaration that Anambra State House of Assembly as presently constituted cannot effectively legislate for the good governance of the State.

(c) An order of court directing the defendant to immediately reflect the correct number of state legislators by increasing same from thirty to thirty-three, having regard to the provisions of Sections 75, 91, 112, 113 and 114 of the 1999 constitution.

(d) An order of court directing the defendant to increase the number of the members of Anambra State House of Assembly from Idemili North Local Government Area to reflec…

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