OGBUINYA JCA (Delivering the Lead Judgment): This appeal quarrels with the correctness of the decision of the High Court of Benue State in suit No. MHC/74/2009, coram A. O. Onum J., delivered on 24 September 2010, against the appellants. The appellants and the respondents were the respective plaintiffs and defendant therein.
The facts of the case whence the appeal germinated, are straight forward and brief. The appellants, inter alia , were the duly elected councillors of the various Local Government Areas in Benue State. Their tenure was for three years - April 2004 to March 2006. Sometime in 2006, the Benue State Government determined their tenure prematurely. Being peeved by that, they approached the lower court for redress and engaged the services of the respondent, a legal practitioner, who wears the prestigious rank of a Senior Advocate of Nigeria. The said lower court declared the action of the Benue State Government null, void and unconstitutional and ordered that the appel…