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MR. G. I. ODUGBENRO V. THE GOVERNOR OF OYO STATE ATTORNEY-GENERAL OF OYO STATE

(2015) JELR 57377 (CA)

Court of Appeal  •  CA/I/44/2007  •  2 Dec 2015  •  Nigeria

Coram
MONICA BOLAN’AN DONGBAN MENSEM JCA (Presided) MUDASHIRU NASIRU ONIYANGI JCA NONYEREM OKORONKWO JCA ( Read the Lead Judgment)

Judgement

OKORONKWO JCA (Delivering the Lead Judgment): This appeal arose from the judgment of the Oyo State High Court delivered by Hon. Justice B.O. Adeniji on 18 February 2006, whereby the suit of the appellant was dismissed as statute barredupon a preliminary objection raised by the respondents.

The suit of the appellant was filed on 24 September 2003 whereby the appellant claimed against the respondents as follows: A declaration that the removal of the plaintiff as part-time member of the Oyo State Independent

Electoral Commission by the defendants without just cause is unconstitutional, ultra vires , null and void.

(2) An order for payment to the plaintiff of salary and allowanc es a nd all other entitleme nts for the unexpired period of the plaintiff’s five years term of office as a part-time member of the Oyo State Independent Electoral Commission from 1st June 2003 to December 2004. The elaboration of the claims in the amended statement shows that the appellant was appointed member of…

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