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BARRISTER ANTHONY KAYODE TOWOJU & ORS V. THE GOVERNOR OF KWARA STATE & ORS

(2005) JELR 45276 (CA)

Court of Appeal  •  CA/IL/19/2004  •  22 Jun 2005  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; ABOYI JOHN IKONGBEH JCA; TIJJANI ABDULLAHI JCA;

Judgement

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): By originating summons filed by the plaintiffs who are appellants in this appeal, the following 5 questions were sought to be determined as follows:

1. Whether the Governor of Kwara State has power(s) under the 1999 Constitution; the Commission of inquiry Law of Kwara State and the 1999 Local Government Law of Kwara State to set up the Judicial Commission of Enquiry in respect of the Accounts and Finances of the Local Government Councils in Kwara State from 1999 to May, 2002.

2. Whether the Governor or any other person or authority in Kwara State has power(s) under the 1999 Constitution and the 1999 Local Government Law of Kwara State to commission external auditors to examine the finances and audit the accounts of the Local Government councils in Kwara State, from 1999 to May, 2002; with particular reference to sections 7 and 128 of the Constitution and Section 59 of the Local Government Law of Kwara State, 1999.

3. Whether the Kwa…

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