(2001) JELR 44320 (SC)    
Supreme Court  ·  SC.111/1997 ·  13 Jul 2001 ·  Nigeria
Other Citations
Chairman, NPC v. Chairman, Ikere L.G.(2001) 13 NWLR (Pt.731)540 (2001) 7 S.C (Pt.III) 90
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
oral evidence
third schedule
affidavit evidence
local government
census tribunal
national population commission
counter affidavit
court of appeal
leading judgment
open court
support of the complaint
enumeration of the population of nigeria
factual issues
imo state environmental sanitation authority
irreconcilable conflicts
set aside
amendment of any statement of the facts
appeal need
behalf of the complainant
centre census tribunal
chief justice of nigeria
comprehensive rules of procedure
decisions of the census tribunal
end of the trial
evidence of the existence of the persons
former western state court of appeal
further affidavits
hearing complaints
laws of the federation of nigeria
leading judgment of the court of appeal
learned counsel
learned editors of the english annual practice
main issue
main question
major evidence
national population commission act cap
procedure of the high court
rules of procedure
said affidavits
specific local government areas
such modifications
such witness

AYOOLA, J.S.C. (Delivering the Leading Judgment): The main question in this appeal is whether the procedure adopted by the Census Tribunal in trying on affidavits the complaint brought before it by the respondents pursuant to the National Population Commission Act Cap.270: Laws of the Federation of Nigeria. 1990 (as amended and further amended) ("the Act") has vitiated the proceedings.

By section 1 of the Act the National Population Commission ("the Commission") was established for the Federal Republic of Nigeria. By section 6(a) the Commission is to:

"undertake the enumeration of the population of Nigeria periodically, through censuses, sample surveys or otherwise" .-

Section 26A of the Act, as amended by the National Population Amendment Act, 1991. provides that:

"There shall be established in designated centre Census Tribunal to hear complaints and objections to census results as they relate to the specific Local Government Areas or localities."

The Act as amended by the 1991 amen…

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