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OMENKA MATHEW ODE & ORS. V. ATTORNEY GENERAL OF BENUE STATE & ORS.

(2011) JELR 46850 (CA)

Court of Appeal  •  CA/J/254/09  •  23 Jun 2011  •  Nigeria

Coram
KUDIRAT M.O. KEKERE-EKUN JCA; ALI ABUBAKAR BABANDI GUMEL JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): By an Originating Summons filed on 22/6/09 at the High Court of Benue State, Makurd Division, the appellant herein, for himself and on behalf of indigenes of Ogengeng-Ukpa Community of Oju Local Government Area of Benue State sought the following reliefs against the respondents:

a. "A declaration that section 19 and 22 of the Commissions of Inquiry Law, Cap. 40 Vol. 1 Laws of Benue state of Nigeria 2004 are unconstitutional, null and void being inconsistent with sections 6, 36 and 46 of the Constitution of the Federal Republic of Nigeria 1999, Cap. C23, Laws of the Federation of Nigeria 2004 and amounts to a breach of the fundamental rights of the applicant as enshrined in sections 6, 36 and 46 of the Constitution.

b. A declaration that the 2nd Respondent lacks the power to constitute an administrative Commission of Inquiry with such absolute powers as contained in the Commission of Inquiry Law Cap. 40…

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