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HON. BENJAMIN OMOKOLO & ORS v. REVENUE MOBILIZATION, ALLOCATION AND FISCAL COMMISSION & ORS

(2017) JELR 37218 (CA)

Court of Appeal  •  CA/MK/147A/2012(CONSOLIDATED)  •  26 May 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting in Makurdi, ("the lower Court") in Suit No. FHC/MKD/CS/91/2011 delivered on 30/5/2012.

The facts of the case leading to this appeal may be summarized as follows. The appellants are councillors elected into the 23 Local Government Councils of Benue State and were sworn into office for a term of three years commencing from January, 2008.

A dispute arose as to the quantum of remuneration, allowances and gratuities that they were entitled to, viz; whether it was as fixed by the 1st respondent in the document titled "The Renewed Remuneration Package for the Legislature at the Federal, State and Local Government Levels" dated February, 2007 or it was as fixed in the law titled "A Law to Stipulate the Remuneration of Political, Public and Judicial Office Holders in the State and for Matters Connected Therewith" which was assented to on 4/1/2008 by the Executive Gov…

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