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OJU LOCAL GOVERNMENT & ORS V. INDEPENDENT NATIONAL ELECTORAL COMMISSION

(2007) JELR 48114 (CA)

Court of Appeal  •  CA/A/124/06  •  10 Jan 2007  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA; BODE RHODES-VIVOUR JCA; ABDU ABOKI JCA;

Judgement

ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Hon. Justice B.F.M. Nyako of the Federal High Court, Abuja delivered on the 22nd day of March, 2006 dismissing the claim of the plaintiffs/appellants.

Leave was granted the plaintiffs on the 9th June, 2005 to amend their originating summons. Their claim is for an interpretation of the provisions of section 91 and 112 of the 1999 Constitution of the Federal Republic of Nigeria for the determination of the following questions:-

"1. Whether upon the coming into effect of the Constitution of the Federal Republic of Nigeria, 1999, the Benue State House of Assembly, constituting of less than three or four times the number of seats the State has in the House of Representatives is properly constituted or composed as envisaged by sections 91 and 112 of the said Constitution."

2. Whether the defendant properly, fairly and legally excluded the restoration of the suppressed State Constituencies in Oju Loc…

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