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OSUN STATE INDEPENDENT ELECTORAL COMMISSION & ANOR.
V.
AC & ORS.

(2010) JELR 47597 (SC)

Supreme Court 17 Dec 2010 Nigeria
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- The plaintiffs challenged Section 10 of the Osun State Electoral Law 2002, which prescribed 21 days’ notice of local government elections, as inconsistent with Section 31 of the Federal Electoral Act 2006, which requires at least 150 days

Case Details

Suit Number:SC.265/2009
Judges:ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
Counsel:Mr. Yusuf O. Ali SAN, with him A. O. Adeleolu SAN, A. K. Adeyi, S.A.Oke, Alex Akoja, Mr. Tayo Oyetibo SAN, with C. I. Umeche For Appellant Mr. Femi Falana, with me Adewole Afolabi, Olugbenga Akano, Kolapo Alimi, and Sola Egbeyinka For Respondent
Other Citations:O.S.I.E.c. v. A.C. 17-12-2010 (2010) 19 NWLR 273 S.C

MUNTAKA-COOMASSIE, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division, delivered on the 19/3/2009 in which the plaintiffs' appeal to it was allowed; dissatisfied with the judgment of the Court of Appeal (hereinafter called the lower court) the defendants have appealed to the apex court of the land.

The plaintiffs, in their originating summons dated 8/11/07, filed before the trial High court i.e. High court of Justice of Osun State, claimed the following reliefs:-

1. A DECLARATION that the combined provisions of paragraphs 11 and 12 of second schedule to the 1999 Constitution and Section 12 of the Electoral Act, the National Assembly has powers to make laws with respect to registration of voters and the procedure regulating Elections to Local Government Councils.

2. A DECLARATION that Section 10 of the Electoral Law of Osun State which stipulated 21 days notice of the date of election into local government in Osun Sta…

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