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OSUN STATE INDEPENDENT NATIONAL ELECTORAL COMMISSION & ANOR V. NATIONAL CONSCIENCE PARTY & ORS

(2013) JELR 35378 (SC)

Supreme Court  •  SC.40/2009  •  1 Mar 2013  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; STANLEY SHENKO ALAGOA JSC;

Appearances
Mr. Abayomi Aliyu with Thelma Otaigbe (Miss) For Appellant Tiamiyu Sule Adegboyega For Respondent

Judgement

MAHMUD MOHAMMED, J.S.C (Delivering the Leading Judgment): The Respondents in this appeal were the Plaintiffs at the High Court of Justice of Osun State sitting at Osogbo where they instituted an action against the Appellants in this Court who were the Defendants at the trial court by Originating Summons and sought the following declarations and reliefs:-

"1. A DECLARATION that eligibility, qualifications and disqualifications of persons contesting the Local Government Councils Election in Osun State are governed by the provisions of Section 7(4), 106 and 107 of the Constitution of the Federal Republic of Nigeria, 1999.

2. A DECLARATION that the 1st Defendant, Osun State Independent Electoral Commission (OSSIEC) is incompetent to prescribe conditions for the eligibility, qualifications and disqualifications of candidates to contest Local Government Elections in Osun State outside the conditions stipulated by the Constitution of the Federal Republic of Nigeria 1999.

3. A DECLARATION tha…

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