(2012) JELR 46163 (CA)    

Court of Appeal  ·  CA/AK/31M/2011 ·  29 Nov 2012 ·  Nigeria
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
Core Terms Beta
lower court
first respondent
screening exercise
suit no hos
learned trial judge
court of appeal rules
notice of appeal
appeal court
governor of osun state
instant case
notice of withdrawal of appeal
said notice of withdrawal
judgment of the lower court
said notice
abuse of court process
confirmation exercise
decision of the lower court
osun state independent electoral commission
paragraph xiv
proper parties
ratio decidendi of the judgment of the lower court
suit no
time of filing of the said notice
above provisions of the rules of this court
additional order
appointments of the appellants
determination of this appeal
first-seventh appellants
fresh screening
grounds of appeal
judgment of february
leading judgment
legal right
notice of the withdrawal of the appeal
present appeal
proceedings of the lower court
service of the said notice of withdrawal
stay of execution of the said judgment
such notice
suo motu file
validity of the notice of withdrawal

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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