(2000) JELR 43911 (CA)    

Court of Appeal  ·  CA/I/3/95 ·  27 Jun 2000 ·  Nigeria
DALHATU ADAMU Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
affidavit evidence
present case
fair hearing
notice of appeal
oral evidence
decree no.
said tribunal
high court
order of the tribunal
trial census tribunal
1st respondent
general order of the tribunal
own affidavit evidence
said issue
said rules
above sole issue
addresses of their respective counsel
affidavit evidence of both parties
constitution of the federal republic of nigeria
counsel addresses
decision of the census tribunals
equal treatment
e rules of this court
established principle of law
fair hearing of their case
grounds of appeal
high court civil procedure
high court rules
leading judgment
legal point
national census
national population commission
opportunity of a fair hearing
prescribed time limit
procedure of high court
respective briefs of arguments
second census tribunal
such particulars
support of the submissions
view of its historical antecedents
view of the time-frame

DALHATU ADAMU, J.C.A. (Delivering the Leading Judgment): In this appeal, the action arose after the conduct of the 1991 National Census which was carried out by the 1st respondent. Being dissatisfied with the exercise the Complainants in a representative capacity for themselves and on behalf of the Awujale of Ijebuland and the Obas and people of Ijebu Division comprising of Ijebu Ode, Odogbolu, Ijebu North and Ijebu East and Ogun Water-side Local Government Areas filed a complaint at the Second Census Tribunal holden at Abuja on 17/9/92. After filing the complaint and on 26/2/93, the complainants applied to the Tribunal for an order to direct the Respondents to make available to them certain documents which were used during the census exercise. This was granted by the Tribunal on 5/4/93. Earlier on, the Tribunal had directed on 27/10/92 that the hearing in the case shall be conducted on affidavit evidence to be filed by the parties within a prescribed time limit. In compliance with th…

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