(2012) JELR 38919 (CA)    

Court of Appeal  ·  CA/PH/445/2006 ·  9 Nov 2012 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria MOJEED A. OWOADE Justice of The Court of Appeal of Nigeria HARUNA S. TSAMMANI Justice of The Court of Appeal of Nigeria
Core Terms Beta
law no.
1st respondent
senior counsel
traditional rulers
autonomous communities law no.
governor of imo state
learned trial judge
commencement date
interpretation act
state house of assembly
allied matters
imo state legal notice no.
laws of eastern nigeria
2nd respondent
trial court
learned counsel
amended law
2nd respondents
autonomous community
hon. court
imo state official gazette
order of certiorari
applicable law of imo state
date of publication
law authentication law cap
learned senior counsel
part of the autonomous communities instrument
publication of the said law
traditional ruler
validity of the said law
dismissal of the appellants
executive powers of the governor of imo state
finding of the learned trial
findings of the learned trial judge
following issues
issue of the quashing of the recognition
judgment of the high court of imo state
leave of the lower court
local government of imo state
lorji nweke-ukwu autonomous community
members of umugama village of lorji
obvious finding of the learned trial judge
purported recognition of the 2nd respondent

UWANI MUSA ABBA AJI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Imo State sitting at Aboh Mbaise presided over by Hon. Justice U. D. Ogwurike, delivered on the 30th March, 2006.

The Appellants representing members of Umugama Village of Lorji in Aboh Mbaise Local Government of Imo State, as Applicants obtained the leave of the Lower Court to commence an application for judicial review claiming against the Respondents as follows:

(i) An order of certiorari removing to this Hon. Court for the purpose of being quashed that part of the Autonomous Communities Instrument published in Imo State Legal Notice No. 4 of 2003 creating the Lorji Nweke-Ukwu Autonomous Community.

(ii) An order of prohibition prohibiting the 1st Respondent from treating, dealing with or continuing to recognize the purported Lorji Nweke-Ukwu Autonomous Community as an Autonomous Community under the Traditional Rulers and Autonomous Communities Law No. 3 of 199…

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