AC
V.
OSUN STATE INEC

(2009) JELR 51190 (CA)

Court of Appeal · CA/I/1/08 · 19 Mar 2009 · Nigeria

CORAM

ISTIFANUS THOMAS JCA (Presided) CHIDI NWAOMA UWA JCA (Read the Lead Judgment) MODUPE FASANMI JCA

Core Terms ^Beta

section

electoral act

chief judge

osun state electoral law

1st respondent

laws

national assembly

osun state

days notice

lower court

originating summons

trial court

learned counsel

local government council

magic word

second schedule

provisions of section

1st defendant

brief of argument

finding of the lower court

first question

combined provisions of paragraphs

conduct of elections

days notice of election date

days notice of the date of election

electoral law of osun state

local government

osun state independent electoral commission

political parties

statutory notice of election

thechief judge

1st defendants

above issues

chief judge of osun state

clear provisions of the electoral act

constitutionality of the local government election

copy of the said notice

day notice of the proposed election

following reliefs

honourable chief judge

honourable justice f.o. ogunsola

judgment of the osun state high court

learned counsel a

made provisions

mandatory notice of polls

notice of appeal

office of the 1st respondent

specific provisions

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…

AC V. OSUN STATE INEC

AC
V.
OSUN STATE INEC