AKOMAS
V.
GOVT OF IMO STATE & ORS

(2016) JELR 46268 (CA)    

Court of Appeal  ·  CA/OW/325/2014 ·  21 Dec 2016 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
suit
claimant
trial court
issues
lead judgment
locus standi
2nd defendant
2nd respondent
action
affidavit
brother
case
counter affidavit
parties
respondents
support of the originating summons
absence of the achara town union
achara town union
ayobode olujimi lokulo-sodipe
breach of the claimants
civil rights
claimants
contention of the parties
court
enough materials
fundamental right
high court of imo state
instant case
issue
issue of locus standi
issue of the locus standi of the claimant
ita george mbaba
judgment
leading judgment
legal right of a party
local government area of imo state
locus standi of the appellant
materials
originating summons
processes
raphael chikwe agbo
r. c. agbo jca
rights
substantial part of the claimants affidavit
summons
suo moto
suo motu
trial judges decision
view of the claimants reliefs

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The Appellant at the High Court of Imo State in suit no. HOW/726/2012 against the Respondents by way of originating summons challenged the constitutionality of some provisions of the Imo State Autonomous Community Councils Administration Law No. 1 of 2012. The prayers were supported by an affidavit. The 2nd defendant who is the 2nd Respondent in this appeal filed a counter affidavit and joined issues with the Appellant. The Appellant and 2nd Respondent placed their argument of the suit in writing before the Court. In its judgment, the trial Court struck out the suit on the basis that the body of the affidavit in support of the originating summons is replete with averments showing that the cause the plaintiff was pursuing in the suit belongs to the Achara Town Union in Obowo Local Government Area of Imo State and therefore that the claimant lacked the locus standi to institute the suit personally.

The Appellant in this appea…

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