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OSUN STATE INDEPENDENT ELECTORAL COMMISSION & ANOR. v. ACTION CONGRESS & ORS.

(2010) JELR 47597 (SC)

Supreme Court  •  SC.265/2009  •  17 Dec 2010  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; SAIFULLAHI MUNTAKA-COOMASSIE JSC;

Judgement

MUNTAKA-COOMASSIE, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division, delivered on the 19/3/2009 in which the plaintiffs' appeal to it was allowed; dissatisfied with the judgment of the Court of Appeal (hereinafter called the lower court) the defendants have appealed to the apex court of the land.

The plaintiffs, in their originating summons dated 8/11/07, filed before the trial High court i.e. High court of Justice of Osun State, claimed the following reliefs:-

1. A DECLARATION that the combined provisions of paragraphs 11 and 12 of second schedule to the 1999 Constitution and Section 12 of the Electoral Act, the National Assembly has powers to make laws with respect to registration of voters and the procedure regulating Elections to Local Government Councils.

2. A DECLARATION that Section 10 of the Electoral Law of Osun State which stipulated 21 days notice of the date of election into local government in Osun Sta…

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