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ANDONG ADAKE VS ADAMU AKUN

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ANDONG ADAKE VS ADAMU AKUN

Legalpedia Citation: (2003) Legalpedia (SC) 11151

In the Supreme Court of Nigeria

HOLDEN AT ABUJA

Thu Jul 3, 2003

Suit Number: SC. 95/1996

CORAM


UTHMAN MOHAMMED JUSTICE, SUPREME COURT

I. L. KUTIGI

U. A. KALGO

S. U. ONU

M. E. OGUNDARE


PARTIES


ANDONG ADAKE2. BOKKOS LOCAL GOVERNMENT (FORMERLY MANGU LOCAL GOVERNMENT APPELLANTS


ADAMU AKUN RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The 1st appellant was appointed district head in an election presided over by the secretary to the local government contrary to the Local Government Edict which provided that the secretary of the Traditional Council should preside. The appellants claimed the secretary of the local government was appointed as such without any evidence of appointment.


HELD


The court held that the election was a nullity.


ISSUES


Was the Secretary of the Mangu Local Government who presided over the election of the 1st Appellant duly designated under section 75(3) by the Traditional Council to carry out the duties of the Secretary to the Council?


RATIONES DECIDENDI


CASES CITED


Oladejo Ajuwon V. Falele Akanni & Ors (1993) 9 N.W.L.R. 182 at 200;|Mugnusson V. Koiki & Ors (1993) 9 N.W.L.R. 287


STATUTES REFERRED TO


The Local Government Edict of Plateau State 1976|


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