(2003) JELR 44913 (CA)    

Court of Appeal  ·  CA/I/147/2002 ·  5 May 2003 ·  Nigeria
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria FRANCIS FEDEODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
independent national electoral commission
decree no.
federal high court
1st defendant
register of voters
obasanya v. babafemi
osun state
exclusive jurisdiction of the federal high court
supreme court
local government constituency
order of injunction
provision of section
agency of the federal government of nigeria
agent of the federal government
case of university of abuja v. ologe
constitution of the federal republic of nigeria
electoral act
high court of osun state
jurisdiction of the high court of osun state
necha v. inec
registration of persons
states of the federation
university of abuja v. ologe
attention of this court
attorney general of the federation v. ajayi
awolowo v. shagari
conflict of opinion
court par oguntade
decision of the meeting
federal republic of nigeria
f. f. tabai
following arguments
given decision of a court
grammatical meaning
heads of all security agencies
high court
independent electoral commission
learned trial judge
learned trial judge b.o. babalola
national electoral commission act cap
national electoral commission of nigeria
officers of the 1st defendant
osogbo judicial division of the high court of osun state
present appeal
principles of construction of statutes
relevant provisions of the enabling laws
said constitution
speakers of state house of assemblies
state assemblies election
virtue of the provisions of part

F. F. TABAI, J.C.A. (Delivering the Leading Judgment): This action was filed at the Osogbo Judicial Division of the High Court of Osun State. The reliefs claimed by the Plaintiff/Appellant against the Defendants/Respondents jointly and severally were for-

"(a) A declaration that under and by virtue of the provisions of part 1 paragraph 15 of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria and the Electoral Act 2001, the 1st Defendant has the duty to organize, conduct and supervise State Assemblies Election, including Bye-Elections. Arrange and conduct the registration of persons qualified to vote and prepare, maintain and revise and/or update the register of voters for the purpose of any election under the said Constitution.

(b) A declaration that the 1st Defendant is bound by the decision of the meeting held on or about Wednesday April 24th under the Chairmanship of Chief of the Armed Forces of the Federal Republic of Nigeria in which the Chairman and O…

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