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DELTA STATE HOUSE OF ASSEMBLY & ANOR
V.
DPP & ORS

(2014) JELR 40346 (CA)

Court of Appeal 29 Apr 2014 Nigeria
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- This is an appeal against a judgment of the Federal High Court - The case involves questions about the obligation to declare a seat vacant in the Delta State House of Assembly - The trial court granted all the reliefs sought by the origin

Case Details

Suit Number:CA/B/181/2013
Judges:HELEN MORONKEJI OGUNWUMIJU JCA AYOBODE OLUJIMI LOKULO-SODIPE JCA TOM SHAIBU YAKUBU JCA
Counsel:E. O. Erhahon with him Mrs. G. A. Omente and Miss E. Aisien For the Appellant; E. F. Sarwuan for the1st Respondent; R. O. Ndugbu for the 2nd Respondent; M. A. Abubakar with him R. N. Ossai Miss and Zekeri Garuba for 3rd Respondent; Ahmed Baji SAN with him O. A. Adeyemi and Kayode Otojo for 4th Respondent.

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, delivered by Hon. Justice Olatoregun-Ishola J. on 1/3/2013. The facts which led to this appeal are as follows:

By an originating summons dated and filed on 1st November, 2012, the 1st and 2nd respondents (as plaintiffs at the lower court) commenced an action seeking a determination of the following questions:

1. Whether under S.109(1), (e) and (2) of the Constitution of the Federal Republic of Nigeria 1999, as amended, the 2nd defendant is under an obligation to declare the seat for Ukwuani Constituency of the 1st defendant vacant in the light of the 3rd defendant defecting from the 1st claimant to the Peoples Democratic Party.

2. Whether the 3rd defendant, by defecting to the Peoples Democratic Party from Democratic Peoples Party, has not lost his seat in the Delta State House of Assembly, in the light of S.109 of the Constitution of the Federal Repu…

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