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THE STATE V. GOVERNOR OF OSUN STATE & ORS.

(2006) JELR 48064 (CA)

Court of Appeal  •  CA/I/161/98  •  11 Dec 2006  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA ALFRED PEARSON EYEWUMI AWALA JCA JOHN INYANG OKORO JCA

Judgement

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling handed out by Aremu J., while sitting at the High Court of Justice, Osogbo in Osun state of Nigeria on 6th May, 1996. The learned trial judge struck out the Appellant's case.

An application for Judicial Review of the directive or decision of the Government of Osun State dated 31st July, 1995 in respect of the use and control of designated motor parks was initiated by the appellant against the 1st and 2nd respondents. The 3rd respondent filed an application to be joined as an interested party. The application for joinder was granted in the Ruling delivered on 19th September, 1995.

While the Motion on Notice for Judicial Review of the decision of Osun State Government dated 31st July, 1995, was still pending, the Trade Unions (Amendment) Decree No.4 of 1996 was promulgated; having its commencement date as 5th January, 1996.

The 3rd Respondent thereafter filed and argued an application tha…

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