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MR. JONAH JAURO WARE & ANOR. v. ATTORNEY-GENERAL OF ADAMAWA STATE & ORS.

(2000) JELR 43972 (CA)

Court of Appeal  •  CA/J/4/97  •  8 Feb 2000  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO JCA; JOSEPH JEREMIAH UMOREN JCA; ISA ABUBAKAR MANGAJI JCA;

Judgement

AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal against a judgment of BANSI, C.J. of the High Court of Adamawa State of Nigeria, holden at Yola in Suit No. ADSY/15/93 delivered, on 12th January, 1996, wherein he dismissed in its entirety the plaintiffs claim for 'inter alia'. "A declaration that the selection, election and/or appointment of the 3rd Defendant as the District Head of Bajama District is altogether unconstitutional, irregular, invalid, null and void and of no effect whatsoever for offending the provisions of the Adamawa State Creation of Districts Law, 1992 (as amended)" with no order as to costs. The full claim of the Appellants, who as Plaintiffs sued for themselves and on behalf of the Yandang Community as endorsed in their Writ of Summons at the trial Court was worded as follows:

(1) A declaration that the selection, election and/or appointment of the 3rd Defendant as the district Head of Bajama District is altogether unconstitutional, irregular, …

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