HON. JOHN YAKUBU & ANOR V. GOVERNOR OF EDO STATE & ANOR

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice Amaize of the Edo State High Court delivered on 08/12/2010 wherein the learned trial judge ruled that the 2nd appellant had no locus standi to institute the suit and that the parties before the Court were improperly constituted. Below are the facts that led to this appeal:

The 1st appellant was elected as the Chairman of Esan North-East Local Government Area on 15/12/2007 on the platform of the 2nd Appellant political party. The 1st respondent on 25/10/2010 dissolved the eighteen democratically elected Local Governments in Edo State including the 1st appellant's constituency and appointed caretaker committees to take over the local governments.

The appellants by an originating summons dated 26/10/2010 instituted an action at the Edo State High Court, Benin City for the determination of the following questions:

1. Whether in the light of the subsisting judgment o…