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…