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ABIA STATE INDEPENDENT ELECTORAL COMMISSION
V.
KANU & ORS.

(2013) JELR 35914 (SC)

Supreme Court 10 May 2013 Nigeria
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Case Details

Suit Number:SC.58/2009
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHEL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Counsel:Appellants not in court not represented. Hearing Notice was sent to the appellant on 18/6/2012. For Appellant J. N. Egwuonwu Esq. for the respondents with him; A. S. Akingbade Esq. For Respondent
Other Citations:(2013) 13 NWLR (Pt. 1370) 69, (2013) JELR 56115 (SC), (2013) JELR 74561 (SC)

I. T. MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The respondents, herein, as plaintiffs at the Federal High Court, sitting at Abuja (trial court) commenced by a writ of summons, the suit which gave rise to this appeal. Their claims were as follows:

i. "A declaration that by virtue of section 7[4] of the 1999 Constitution, section 10[1][2][3] of the Electoral Act, 2006, S.11[4] of the Electoral Act, 2006 and S.16 of the Electoral Act, 2006, Abia State Independent Electoral Commission has no power to conduct elections for Local Government Councils on the 19th day of May, 2007 in the absence of Voters' register.

ii. A declaration that any purported method for the conduct of the forthcoming local government elections which runs contrary to the provisions of the Electoral Act, 2006 and the 1999 Constitution is unconstitutional null and void.

iii. An order of mandatory injunction restraining Abia State Independent National Electoral Commission from holding and/or conduction local …

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