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OYEYEMI & ORS
V.
OWOEYE & ANOR

(2012) JELR 46163 (CA)

Court of Appeal 29 Nov 2012 Nigeria
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- The Governor of Osun State appointed the appellants as Chairman, Secretary, and Members of OSSIEC, subject to confirmation by the Osun State House of Assembly; the confirmation process—lacking full disclosure of nominees’ credentials—was

Case Details

Suit Number:CA/AK/31M/2011
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria CHIMA CENTUS NWEZE Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Counsel:M. O. Okediya For Appellant T. S. Adegboyega for the claimant/first respondent For Respondent

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): Sometime in March, 2009, the Governor of Osun State appointed the first-seventh appellants as Chairman, Secretary and Members, respectively, of the Osun State Independent Electoral Commission (OSSIEC). Their names were forwarded to the defendant/respondent for confirmation.

On March 24, 2009, the appellants appeared before the defendants/respondents for screening for the purpose of confirming their said appointments. It appears that some of the appellants did not supply the defendant/respondent with enough copies of their credentials. That notwithstanding, by majority votes of its members, the defendant/respondent confirmed their appointments. The Governor, subsequently, swore them in on April 3, 2009.

The claimant/first respondent was dissatisfied with the procedure which the defendant/respondent adopted in confirming the appointments of the appellants. This prompted the action he commenced by way of Originating Summons in…

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