OLAIFA
V.
CHAIRMAN, IBADAN NORTH EAST LOCAL GOVERNMENT

(2007) JELR 51073 (CA)    

Court of Appeal  ·  CA/I/174/2005 ·  14 Jun 2007 ·  Nigeria
CORAM
JOHN AFOLABI FABIYI JCA (Presided) MUSA DATTIJO MUHAMMAD JCA AMINA ADAMU AUGIE JCA (Read the Lead Judgment)
Core Terms Beta
ibadan high court of justice
1st respondent
councillorship election
appellant soughtand
abuse of court process
7-paragraph affidavit
lower court
real issues
material facts
declaration of results of election
mr. oduwole olaolu
order of mandamus
oyo state
local government
election petition
returning officer
councillor ward
said mr. adetilewa adeniji
support of his application
lead judgment
andto show
proper court
member of the 1st respondent
present application
state independent electoral commission
following situations
relevant facts
learned trial judge
constitutional rights
appellant first
legal secretary
payment of the said salaries
subject matter
12-paragraph affidavit
plaintiff’s claim
court
mr. adetilewaadeniji
state independent electoral commission law
application
result of the election
decision of this court
trial court
ibadan north east
mr. r.a. ogunwole
applicant
bona fide
exhibit
paragraph counter-affidavit

AUGIE JCA (Delivering the Lead Judgment): The appellant soughtand was granted leave by an Ibadan High Court of Justice, Oyo State to apply for - an order of mandamus to compel the 1st respondent to swear him in as councillor Ward 12, Ibadan North East Local Government; a declaration that he is entitled to payment of salaries and emoluments accruable to a councillor from 2April 2004 till date of payment and thereafter,till end of his term; and an order for payment of the said salaries and emoluments. The grounds upon which the reliefs are sought are that: (i) Theapplicant contested the councillorship election on 27 March 2004 and was declared and returned the winner by the returning officer in accordance with the State Independent Electoral Commission (SIEC) Law, 2001. A copy of the certificate of declaration issued to the applicant is attached as exhibit 1.

(i ) The applicant presented himself along with other returned candidates to the 1st respondent herein on 2April 2004, to be swo…

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