(1977) JELR 46313 (SC)    

Supreme Court  ·  SC.420/75 ·  20 May 1977 ·  Nigeria
Other Citations
(1977) All N.L.R 118 Akunnia v. A.G. Anambra (1977) 5 S.C. 99
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned judge
high court law
writ of summons
notice of motion
high court rules
anambra state
high court
public meetings
public order
constitution of the federation
high court law cap
onitsha urban division
2nd respondent
democratic society
east central state of nigeria
edition of the laws of eastern nigeria
learned trial judge
above passages of the judgement of the lower court
attorney general
chancery division
decision of the learned trial judge
declaratory action
end result of an action
enforcement of the fundamental rights
following orders
high court of east central state
high court of the east central state
leading judgment
learned counsel
learned principal state counsel
leave of the court
own rules of court
pending suit
point of view of procedure
present action
proper pleadings
provisions of chapter
relevant passages
right of the applicants
said law
set aside
stipulation of counsel
support of his claim
virtue of the provisions of the public order

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): The question in this appeal is whether the procedure by Originating Notice of Motion is appropriate for approaching the Court for a request to have a matter in difference, under the provisions of Chapter 111 of the Constitution of the Federation (ie the Federation of Nigeria) No. 20 of 1963, (hereinafter referred to as "the Constitution"), decided and relief granted in these proceedings, commenced by Originating Notice of Motion in the High Court of East Central State (now Anambra State) holden at Onitsha, the appellant sought, against (1) The Attorney General, East Central State of Nigeria (2) B. U. Ajoku Esquire, the Resident and sole Administrator,

Onitsha Urban Division and (3) The Commissioner of Police, East Central State of Nigeria, the following orders: .

"(i) That the Order banning public meetings at Onitsha which was made by the 2nd Respondent is illegal, unconstitutional and void;

(ii) that the applicant is entitled to ho…

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