(2005) JELR 45294 (CA)    

Court of Appeal  ·  CA/PH/77/2003 ·  19 May 2005 ·  Nigeria
VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MONICA BOLNA’AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
local government
locus standi
local government area
statement of claim
nembe ogbolomabiri
5th defendant
3rd defendants
federal military government
general public
court of law
headquarters of nembe
1st october
8th defendants
personal interest
1st defendant
2nd defendants
4th defendants
8th defendant
above complaints
acts of the respondents
clear show of injury
constitutional rights
decision of the high court bayelsa state
electoral wards
executive action
following relief
future elections
grounds of lack of locus standi
immediate danger
independent national electoral commission
instant case
inter alia
judicial power
local government election
local government of bayelsa state
members of the public
motion of preliminary objection
name of nembe
necessary locus standi
plaintiff appellant
plaintiff claims
political decisions
positions of chairman
receipt of the brief
special rights
suit no. nhc

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Lead Ruling): In the court below the plaintiff claims in suit No. NHC/1/2002, the following relief against the 1st - 8th defendant; 6th - 8th defendants were joined in the proceedings subsequently before hearing. The reliefs sought by the plaintiff are:

(a) that the Nembe Local Government created by the Federal Military Government on the 1st October 1996 is the instrument Gos/9/SA dated 27th December 1996 signed by the Secretary to Government as commanded by the instrument Gos/9/62 dated 14th March 1997.

(b) (In it) the headquarters of Nembe Local Government created by the Federal Military Government in October 1996 is Nembe Ogbolomabiri and nowhere else;

(c) That the elections conducted by the then NECON now (INEC) for positions of Chairman and Councilors in what it purported to be Nembe Local Government were unconstitutional null and void.

(d) That the then NECO electoral wards delineated by them and voters register compiled and …

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login