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ALLI
V.
GOV., BORNO STATE

(2006) JELR 54833 (CA)

Court of Appeal 8 Aug 2006 Nigeria
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Case Details

Suit Number:CA/J/58/04
Judges:KUMAI B. AKAAHS JCA (Presided and Read the Lead Judgment) IFEYINWA CECILIA NZEAKO JCA MOHAMMED LADAN-TSAMIYA JCA
Counsel:F. Umaru - for the Appellants . -*- A Dibal, Solicitor-General & Permanent Secretary, Ministry of -*- Justice, Borno State (with him, H. Mustapha and A. K. Ballama) - B -*- for 1st and 3rd Respondents . -*- Tatama - for the 2nd & 4th Respondents .

AKAAHS JCA (Delivering the Lead Judgment): The plaintiffs took out a writ ofsummons claimingthe followingreliefs against the defendants:-

A declaration that the purported dissolution of the composition (chairman andmembers) of Borno State Independent Electoral Commission as conveyed to the plaintiffs by a letter dated the 24th day of June, 2003 signed by the Permanent Secretary (Admin) for Secretary to the State Government on behalf ofthe Government of Borno State of Nigeria is contrary to the Constitution of the Federal Republic of Nigeria 1999 and is therefore null and void and of no effect whatsoever.

A declaration that the purported dissolution of the Borno State

Independent Electoral Commission by the defendants and the removal of the chairman and members of the Commission on allegations of serious misconduct without observing the rules of natural justice and the rule of law in the circumstances of this matter is unconstitutional, null and void.

A declarationthat the 1st plaintiff …

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