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ONUEGBU & ORS
V.
ATTORNEY-GENERAL OF IMO STATE & ORS

(2012) JELR 35123 (CA)

Court of Appeal 5 Jul 2012 Nigeria
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Case Details

Suit Number:CA/OW/215/2011
Judges:UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria MOJEED A. OWOADE Justice of The Court of Appeal of Nigeria HARUNA M. TSAMMANI Justice of The Court of Appeal of Nigeria
Counsel:Dr. Livy Uzoukwu, SAN, with Ngozi Olehi, Esq, Mahakwe Madu, Esq., Obinna Nwachukwu, Esq., and Chikezie Esq. For Appellant S. A. Njoku, Esq., Hon. Attorney General, Imo State with M. C. Uwasomba, Esq. (DCL), N. C. Eroninu (Mrs.), K. C. Nwokor, Esq. (CSC) F. A. Aofolaju, Esq., with M. U. Nlemadim, Esq., and C. O. C. Emeka-Izuma, Esq. C. O. Ejiogu, Esq. with O. B. Iroh, Esq. Tochukwu Odon, Esq. For Respondent

UWANI MUSA ABBA AJI (PJ) JCA (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Imo State, Owerri presided over by Hon, Justice B. A. Njemanze, Chief Judge Imo state delivered on the 3rd day of August, 2011 in Suit No. HOW/312/2011, whereby the plaintiffs/Appellants as Claimants on the 10th day of June, 2011 by way of originating summons, posed the following five (5) questions for determination by the Court, to wit:-

(i) WHETHER by the combined provisions of Section 7(1) of the 1999 constitution of the Federal Republic of Nigeria (as amended) and section 23(1) of the Imo State Local Government Administration Law No. 15 of 2000 (as amended), the 2nd Defendant by himself or through any person acting on his behalf has the competence or power to dissolve democratically elected Local Government Councils in Imo State in respect of which the Claimants are Chairmen, through the 2nd Defendant's maiden broadcast to the Imo people made on 6th June, 2011.

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