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RUFUS EKEKWE OKEREKE V. SUNDAY BARTHOLOMEW OSUCHUO DIKE (AT TIMES HE ANSWERS SIMPLY SUNDAY BARTHOLOMEW OSUCHUO) THE ATTORNEY-GENERAL, ABIA STATE CHAIRMAN, ISUIKWUATO LOCAL GOVERNMENT GOVERNOR, ABIA STATE

(2003) JELR 56305 (CA)

Court of Appeal  •  CA/PH/288/2000  •  5 Feb 2003  •  Nigeria

Coram
MICHAEL E. AKPIROROH, JCA ( Presided and Read the Lead Judgment) ABOYI JOHN IKONGBEH, JCA DAVID ADEDOYIN ADENIJI, JCA

Appearances
P. O. Ehiogu, Esq., (with him J. N. Kanu, Esq.,) - for the Appellant. -*- 2nd - 4th Respondents not represented F

Judgement

AKPIROROH, JCA: (Delivering the Lead Judgment): This is an appeal against the decision of the Abia State High Court holden at Umuahia, delivered on the 18th day of May, 2000 in which the appellant’s application for judicial review was struck out for lack of jurisdiction. The appellant formulated one issue for determination as follows:

ISSUE FOR DETERMINATION

“Whether having regard to the law and the material before the learned trial Judge, she was right in striking out the application for judicial review on the ground that she lacked jurisdiction to entertain it.” This sole issue was adopted by the respondents. Learned counsel for the appellant submitted that the (Office) of Chairman of the Isuikwuato Local Government can be sued in that name because it is a juristic person , stressing that it is a creature of statute, and that it is enough to give it juristic personality and relied on section 9 of Decree No. 36 of 1998 and section 6 (i)(b) of the Interpretation Act, Cap.192, Laws o…

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