UWA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Osun State High Court delivered on 14 December 2007 in which five of the six reliefs sought by the appellants as plaintiffs were refused. The appellants in the lower court challenged the constitutionality of the Local Government Election which was at the time scheduled to take place on 15 December 2007.
The appellants as plaintiffs in their originating summons filed on 8 November 2007, claimed the following reliefs:
“A declaration that by the combined provisions of paragraphs 11 and 12 of Second Schedule to the 1999 Constitution and section 121 of the Electoral Act, the National Assembly has powers to make laws with respect to registration of voters and the procedure regulating elections to Local Government Council.
A declaration that section 10 of the Electoral Law of Osun State which stipulates 21 (twenty-one) days notice of the date of election into Local Government in Osun State is null and void…