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OMIN III & ORS
V.
THE GOVERNOR CROSS RIVER STATE & ORS.

(2007) JELR 48042 (CA)

Court of Appeal 22 Feb 2007 Nigeria
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- The appellants filed a lawsuit claiming that certain sections of the Traditional Rulers Law were invalid and that the withdrawal of recognition from the first plaintiff as a traditional ruler was contrary to the law. - The respondents arg

Case Details

Suit Number:CA/C/134/2005
Judges:VICTOR AIMEPOMO O. OMAGE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
Counsel:S. N. Chukwuma Esq. For Appellant Eyo O. Ekpo Esq. A-G. M. J. C. For Respondent

M. A. OWOADE J.C.A. (Delivering the leading Judgment): The Appellants as Plaintiffs before the lower court issued a writ of summons and filed a statement of claim as against the Defendants/Respondents on 27/6/2005 wherein they claimed as follows:

"1. A declaration that Sections 16, 17 and 18 of the Traditional Rulers Law Chapter 121, Volume vi, Laws of Cross River State 1981 are invalid being inconsistent with Sections 4(8) 6(6) (d) and Section 315 (1) (a) and (b), (3) of the Constitution of the Federal Republic of Nigeria 1999.

2. A Declaration that the purported withdrawal of recognition from the 1st Plaintiff as Traditional Ruler of Ikpai Omin Qua Clan in the Calabar Municipality is contrary to Sections 6, 8, and 15 of the Traditional Rulers Law Chapter 121 Volume vi, Laws of Cross River State 1981.

3. A Declaration that letters dated 14th of June, 2005 and 21st June 2005 by the 1st and 3rd Defendants, communicating the purported removal of the 1st Plaintiff as a Traditional Ruler …

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