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…

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