OLA-ANIMASHAUN HARIMOT OLUBUKOLA (MRS) & ANOR V. ATTORNEY GENERAL OF LAGOS STATE & ORS

YARGATA BYENCHIT NIMPAR, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court sitting at Ikeja and delivered by HON. JUSTICE BOLA OKIKIOLU - IGHILE on the 17th day of December, 2012 wherein the lower Court upheld a preliminary objection and struck out the action of the Appellants for want of jurisdiction.

The Appellants by way of Originating Summons taken out against the Respondents sought answers to certain questions

i. Whether the Lagos State House of Assembly has the power under the Constitution of the Federal Republic of Nigeria 1999 (as Amended), hereinafter referred to as the Constitution" to make the Lagos State Independent Electoral Commission Law, 2008 to establish a body (the State Independent Electoral Commission) which has already been established by Section 197(1) (b) of the Constitution with both its composition and powers as stated by Section 197(2), Part II of the Third Schedule to the Constitution.

ii. Whether the …