(2014) JELR 40250 (CA)    

Court of Appeal  ·  CA/B/324/07 ·  16 Jan 2014 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Core Terms Beta
nwlr pt
fair hearing
constitution of the federal republic of nigeria
political parties
learned trial judge
house of assembly
suit no
1st respondent
edo state independent electoral commission
plea of estoppel
2nd respondents
exhibit c
suit no b
breach of sections
constitutionality of the charge of misconduct
decision of the court
exhibit d2
governor of edo state
local government election
lower court
sale of nomination forms
appointment of the 3rd-9th defendants
following issues
high court of edo state
resolution of edo state house of assembly
3rd defendant
alleged direct sale of forms
argument of counsel
claims of the appellants
constitutionality of the said resolution
exhibits a1-a4
failure of the appellants
following questions
following reliefs
ground of the alleged misconduct
justice edo state
leading judgment
political parties amounts
previous court
provisions of the constitution of the federal republic
resolutions of the edo state house of assembly
subject matter of dispute
subsequent removal of the appellants
totality of the case
trial court coram imoedemnhe j.
unambiguous provisions of sections

HELEN MORONKEJI OGUNWUMIJU J.C.A. (Delivering the Leading Judgment): This is an appeal resulting from the judgment of Hon. Justice P. Imoedemhe of the High Court of Justice Edo State delivered on 14/11/07. The facts which led to this appeal are as follows:

On 12th July, 2005 the appellants were appointed Chairman and members respectively of the Edo State Independent Electoral Commission for a tenure of five years expiring on 12th July, 2010. Section 199(1) of the Constitution of the Federal Republic of Nigeria guarantees appellants' tenure of five years.

Following a resolution of Edo State House of Assembly passed on 4th April, 2007 requesting that the 1st respondent, Governor of Edo State, to remove the appellants from office, and the subsequent removal of the appellants from office, the appellants filed Suit No: B/115/OS/2007 against the 1st respondent and two others at the High Court of Edo State, Benin Judicial Division challenging inter alia, the constitutionality of the said res…

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