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ATTORNEY-GENERAL, AKWA IBOM STATE
V.
ESSIEN

(2003) JELR 51511 (CA)

Court of Appeal 22 May 2003 Nigeria
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Case Details

Suit Number:CA/C/64/2002
Judges:RAPHAEL OLUFEMI ROWLAND JCA (Presided) SIMEON OSUJI EKPE JCA (Read the lead Judgment) ISTIFANUS THOMAS JCA

EKP JCA (Delivering the Lead Judgment): The plaintiff, now respondent, commenced the action being the subject of this appeal by an originating summons against the defendants, now appellants, in the Abak Judicial Division of the High Court of Akwa Ibom State, seeking the determination of a number of questions and also claiming some consequential reliefs thereupon.

The questions read thus:

“(i) Whether section 10(a)-(d) of Akwa Ibom State Independent Electoral Commission Law, 2000, is valid in view of S. 197(2) of the Constitution and part II, paragraph 4(a) and (b) of the 3rd schedule to the 1999 Constitution of the Federal Republic of Nigeria.

(ii) Whether Sec. 13(1) - (5) of Part II, sections 14 - 18 of Part III, sections 19 - 57 of Part IV and sections 58 - 79 of Part V. of the Akwa Ibom State Independent Electoral Commission Law, 2000, are valid in view of sections 4(4) (a), (5), (7)(a) -

(b), Item 56 of Part 1 and Item 11 of Part II to the 2nd schedule to the 1999 Constitution of th…

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