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BARR. ENYINNA ONUEGBU & ORS V. GOVERNOR OF IMO STATE & ORS

(2015) JELR 40391 (CA)

Court of Appeal  •  CA/OW/229/2012  •  20 Nov 2015  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK OZIAKPONO OHO JCA;

Appearances
Ngozi Olehi Esq For Appellant 1st Respondent: Princess F. Aofolaju2nd Respondent: S. E. Ibeacheme Esq3rd Respondent: 4th Respondent: Eddu Ndubuisi Esq For Respondent

Judgement

ITA GEORGE MBABA, JCA (Delivering the Leading Judgment): By originating summons filed on 3/8/12, in Suit No. HOW/499/2012, in High Court Imo State, Appellants sought the Lower Court's determination of whether having regard to Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Section 23(1) of the Local Government Administration Law No. 15 of 2000, as well as the Notice of Local Government Elections dated 25/2/2010 and the Guidelines thereof, the Local Government Administration (Amendment Law) No. 15 of 2009, (a retroactive law) was applicable to the tenure of the Appellants as Chairmen of the Local Government Councils in Imo State. They also sought another determination whether, having regard to Section 7(1) of the said Constitution, and the Judgment of this Court (Court of Appeal) delivered on 5/07/2012 in appeal No. CA/OW/215/2011, which declared the 1st Respondent's dissolution of Local Government Councils on the 6/6/11 as unconstitutional, nu…

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