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GOVERNOR, EKITI STATE
V.
OLUBUNMO

(2016) JELR 51065 (SC)    

Supreme Court  ·  SC. 120/2013 ·  9 Dec 2016 ·  Nigeria
 · 
Other Citations
Gov., Ekiti State v. Olubunmo (2017) 3 NWLR (Pt. 1551) 1
CORAM
OLABODE RHODES-VIVOUR JSC MUSA DATTIJO MUHAMMAD JSC CLARA BATA OGUNBIYI JSC CHIMA CENTUS NWEZE JSC AMIRU SANUSI JSC

Ratio Decidendi

Core Terms Beta
section
lower court
respondents
appellants
law
appeal
ekiti state
local government councils
counsel
local government administration
trial court
constitution of the federal republic of nigeria
section 23b
caretaker committees
ekiti state house of assembly
first appellant
interest of justice
breach of section
honourable attorney-general
provisions of section
substantive matter
court of appeal
said councils
executive governor of ekiti state
findings of the trial court
local government councils of ekiti state
order of perpetual injunction
relevant constitutional
statutory interpretation
trial court’s ruling
academic question
action congress v
affairs of the said councils
affidavit of the appellants
appellants’ main complaints
attorney general
court’s determination
devoted pages
following issues
judicial determination of these issues
justices of the lower court
paragraphs d-g.
relevant laws
respondents’ application
respondents’ case
said summons
submission of counsel
such remedies
view of the combined effect of section
virtue of the combined effect of section

NWEZE JSC (Delivering the Lead Judgment): On 25 October 2010, the respondents in this appeal (as plaintiffs) took out their originating summons against the appellants herein (as defendants). They entreated the trial court for the sub-joined reliefs:

  1. A declaration that section 23B(i) and (ii) of the Local Government Administration (Amendment) Law, 2001 is in conflict with section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999, and thus is null and void, and of no effect whatsoever to the extent that it empowers the Executive Governor of Ekiti State to dissolve the democratically-elected Local Government Councils and replace same with un-elected caretaker committees solely appointed by the Governor;
  2. A declaration that by virtue of the combined effect of section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999, and the provisions of section 5 of the Ekiti State Local Government Administration (Amendment) Law, 2001, the defendants have no power to disso…
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