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OJU LOCAL GOVERNMENT HON. DANIEL ACHA OTIYONGO (CHAIRMAN, OJU L.G..A) HON. DANIEL ONAH ULEGEDE (VICE-CHAIRMAN, OJU L.G. C.) HON. JAMES UKOH (LEADER, OJU LOCAL GOVERNMENT LEGISLATIVE COUNCIL) HON. EGBIRI IDAAH V. INDEPENDENT NATIONAL ELECTORAL COMMISSION

(2007) JELR 53585 (CA)

Court of Appeal  •  CA/A/124/06  •  12 Jan 2007  •  Nigeria

Coram
OLUFUNMILOLA OYELOLAADEKEYE JCA BODE RHODES-VIVOUR JCA ABDU ABOKI JCA (Presided and Read the Lead Judgment)

Appearances
Oche Ulegedu Esq. (with him, Joe Oboh Esq. and EdoAdima Esq.) -*- - for the Appellants. -*- Osagie Esq. (with him, Elekwa Esq. and I.K Bawa Esq.) - for the A -*- Respondent.

Judgement

ABOKI JCA (Delivering the Lead 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 dismissingthe claim of the plaintiffs/appellants. Leave was granted to the plaintiffs on the 9th June, 2005 to amend their originatingsummons. Their claim isfor an interpretation ofthe provisions of sections 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, consisting 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 constituency in Oju Local Governmen…

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