Customer Support

AG, BENUE STATE & ORS
V.
UMAR & ORS

(2007) JELR 45541 (CA)

Court of Appeal 22 Mar 2007 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondents were elected as Councillors in Benue State and their respective councils were dissolved by the Governor of Benue State. - The respondents challenged the constitutionality and legality of the Governor's action in dissolving

Case Details

Suit Number:CA/J/15/2007
Judges: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
Counsel:M.K. Aondoakaa, SANA.A. Ijohor, Esq. For Appellant J.S. Okutepa. Esq. For Respondent
Other Citations:A.G., Benue State v. Umar [2008] 1 NWLR (Pt.1068)

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.