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CHIEF YAKUBU SANNI V. OKENE LOCAL GOVERNMENT & ANOR

(2005) JELR 45116 (CA)

Court of Appeal  •  CA/A/148/2002  •  23 Jun 2005  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; MARY U. PETER ODILI JCA; OLABODE RHODES- VIVOUR JCA;

Judgement

RHODES-VIVOUR, J.C.A. (Delivering the Leading Judgment): The proceedings leading to this appeal were initiated in the High Court of Kogi State, holden at Okene on the 20th day of November, 2001. In that court, the appellant as plaintiff claimed against the respondents, then defendants, by way of writ of summons accompanied by statement of claim as follows:

1. A declaration that the purported letter of the defendants dated the 19th of January, 1998, addressed to the plaintiff removing him as a member of the 1st defendant is unconstitutional, illegal, an abuse of power, null and void and of no effect.

2. An Order that since the plaintiff was not appointed by the defendants jointly and severally, having been appointed by the Kogi State Government of Nigeria vide a letter dated the 17th day of July, 1995, it is only the Kogi State Government of Nigeria that can remove the plaintiff by virtue of the Kogi State Chiefs Appointment Deposition and Establishment of Traditional Council Law 1992.…

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