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UAC OF NIGERIA PLC & ORS V. ATTORNEY GENERAL OF LAGOS STATE & ORS

(2010) JELR 33725 (CA)

Court of Appeal  •  CA/L/928/2008  •  25 Jan 2010  •  Nigeria

Coram
M. B. DONGBAN-MENSEM JCA; BODE RHODES VIVOUR JCA; PAUL ADAMU GALINJE JCA;

Judgement

PAUL ADAMU GALINJE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Mrs. Oke, J. of the High Court of Lagos State which was delivered on the 22nd of September, 2008. By an originating summons dated 14th of September, 2007, the Appellants had raised some questions for determination by the lower Court and had in addition made sundry claims against the Respondents. After a thorough consideration of the questions and the claims aforesaid, the lower Court found no merit in both and therefore dismissed the claims. These questions and claims are found at pages 2-6 of the record of this appeal. They are hereunder reproduced as follows:-

"1. Whether the Lagos State House of Assembly can prescribe for the Local Governments in Lagos State, functions that derogate from, or lesser or fewer than those prescribed by the 1999 Constitution in its section 7(5) and spelt out in the 4th Schedule to the 1999 Constitution?

2. Whether the functions of controlling and regulat…

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