Ratio Decidendi



HON. WALTER IKECHUKWU UZONWANNE
V.
THE SPEAKER, IMO STATE HOUSE OF ASSEMBLY & 2 ORS

(2020) JELR 80395 (NICN)    
National Industrial Court of Nigeria  ·  NICN/OW/64/2015 ·  20 Jan 2020 ·  Nigeria
CORAM
HIS LORDSHIP HONOURABLE JUSTICE I.S GALADIMA

Ratio Decidendi

Core Terms Beta
claimant
defendants
independent national electoral commission
oguta constituency
counter claim
federal high court
issues
exhibit c1
exhibits
outstanding salaries
7th imo state house of assembly
defendants’ counsel
exhibit c2
obinna ohaneje
open court
claimant’s case
claimant’s membership
claimant’s opposition candidate
clerk imo state house of assembly
comic role
court judgment
date of the inception of the 7th imo house
declaration of the honourable court
declaration of this honourable court
defendants’ counter claim
defendants’ final address
defendants’ lead counsel
elected member
elected members of the house of assembly
exhibits c1
hon. justice o. y. anuwe
imo state high court judgment
issue number
judgement interest
learned onyeananam
nigerian wire
order of court
order of the honourable court
parties’ counsel
passionate appeal
public service law
refunds of all payments
respective counsel
return certificate
ruling of this court
said counter claim
state high court’s pronouncement
sufficient time
support of the counter claim


I.S GALADIMA J.: In this action, the Claimant alleges he was a member of the 7th House of the Imo State House of Assembly by virtue of his being sworn in just 3 months to the expiration of his tenure caused by delay from litigation. Having allegedly lost over 45 months of his tenure, he was finally sworn in following a State High Court’s pronouncement on the 17/3/2015. He now seeks for an order of Court compelling the Defendants to pay him all his accrued salaries for those 45 months, including emoluments, allowances and entitlements which ordinarily come with the office.

The Defendants on the other hand deny the Claimant’s membership of the 7th Imo State House of Assembly, contending that the Court Judgment ordering the swearing in of the Claimant was gotten by the Claimant after he purportedly deceived the Court that the Election in Oguta Constituency was not inconclusive and that he was the winner. He was accordingly sworn in erroneously. They therefore, counter claimed against the…

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