(2007) JELR 45541 (CA)    

Court of Appeal  ·  CA/J/15/2007 ·  22 Mar 2007 ·  Nigeria
Other Citations
A.G., Benue State v. Umar [2008] 1 NWLR (Pt.1068)
A.G., Benue State v. Umar (2009) 13 NWLR (Pt. 1068) 311
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria UZO NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria
Core Terms Beta
local government
26th appellants
3rd appellants
lower court
benue state
learned trial judge
trial court
fair hearing
originating summons
local government areas
local government councils
necessary parties
law no.3
2nd appellant
amended originating summons
governor of benue state
learned trial court
respective briefs of argument
3rd defendants
benue state independent electoral commission
high court of benue state
leave of the lower court
local government law no.
said law no.3
sets of parties
tenure of office of the plaintiffs
want of jurisdiction
1st day of february
27th day of march
accelerated hearing
case of akpan v
filed reply brief of argument
following reliefs
given case
leading judgment
legality of the action of the 2nd appellant
legislative councils of the state
local government law no.3
notice of motion no. mhc
notice of preliminary objection
oral arguments
oral submission
order of mandatory injunction
respective local government councils of benue state
said case
sole issue
years tenure of office

BELGORE, J.C.A. (Delivering the Leading Judgment): By an election conducted by the Benue State Independent Electoral Commission on the 27th day of March, 2004, the respondents herein were elected as Councillors representing various wards in their respective Local Government Councils of Benue State. They were inaugurated on the 13th and 14th days of April, 2004. Their respective councils were dissolved by the Governor of Benue State (now the 2nd appellant) who swore in caretaker Committees for all the 23 Local Government Legislative Councils of the State.

The respondents took out an originating summons challenging the constitutionality and legality of the action of the 2nd appellant in bringing to an abrupt end their tenure before the expiration of the three years tenure provided by section 13(2) and section 42(1) of the Local Government (Establishment) Law, 2000.

The 1st, 2nd and 3rd appellants herein were the 1st, 2nd and 3rd defendants before the High Court of Benue State (hereinaf…

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