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1
A declaration that the 1st plaintiff was elected for the first time on the 14th December 2005 and took the oath of office on the 14th day of January, 2006 while the 2nd plaintiff was returned on the 25th day of April, 2005 and took the oath of office on the 17th day of May, 2005"
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2
A declaration that the tenure of the currently elected members of the Local Government Councils of Abia State is regulated by the provisions of section 25 of the Abia State of Nigeria Local Government Law, No. 5 of 1999 and not sections 4 and 5 of the Abia State Local Government (Third Amendment) Law, 2004.
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3
A declaration that the tenure of the 1st plaintiff as an elected councilor of the Aba South Local Government Council started running from the date she took the oath of office which is the 18th day of January, 2000 while the tenure of the 2nd plaintiff as an elected Councilor of the Aba South Local Government Council started running from the date he took the oath of office which is the 17th day of May, 2005.
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4
A declaration that the 1st defendant or any of its agents lack the legal competence to dissolve the elected council of the Local Government Councils of Abia State and appoint Caretaker Committees or Transition Committees.
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5
A declaration that the dissolution of the elected Chairman, Vice-Chairman and Councilors of the Local Government Councils of Abia State and the appointment of the 4th - 7th defendants and other persons as Chairmen and members of Transition Committees of the Local Government Councils by the 1st defendant are illegal, ultra wires null and void and of no effect whatsoever.
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6
An order dissolving the appointment of the 4th - 7th defendants and other persons appointed as chairmen and members of Transition Committees or Caretaker Committees of the Local Government Councils of Abia State.
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7
A declaration that as at the date of dissolution of the Local Government Councils in Abia State by the 1st defendant, the 1st and 2nd plaintiffs had a 17 and 11 months residue of their tenures respectively if the court holds that the plaintiffs are running 2 gears tenure 29 and 23 months residue of their tenures respectively if the court holds that the plaintiffs are running 3 years tenure.
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8
An order compelling, the 1st defendant to reinstate the plaintiffs as Councilors of Aba South Local Government Council to complete the residues of their respectively tenures.
After considering written addresses filed by both sides, the learned trial judge delivered a considered judgment on the 10th of October, 2002. His lordship granted reliefs 1 and 3, and refused reliefs 2, 4, 5, 6 and 7.
In the concluding part of the judgment the learned trial judge had this to say:
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"Having held that the plaintiffs were running, two years tenure the plaintiffs still have unexpired tenure of 17/6/2006 to 13/1/2008 for the 1st plaintiff and 17/6/06 to 16/5/2007 for the 2nd plaintiff."
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"I order that the plaintiffs be paid salaries and allowances as Councilors for the unexpired tenure of their office as Councilors..."
Dissatisfied with the judgment, Chigozie Eze and Ijeoma O. Ujoumuna who were the plaintiffs at the trial court filed an appeal. All the other appellants joined as interested parties. The appeal was heard by the Owerri Division of the Court of Appeal. On 23rd of April, 2010 that court granted all the reliefs, except relief No. 8. The Court said: "Appellants relief No. 8 for an order compelling the 1st defendant/respondent to reinstate the plaintiffs/appellants is now impossible to grant as the appellants said tenure had lapsed by effluxion of time."
On unexpired tenure the Court said: "...as at the date of dissolution of the Local Government Councils in Abia State by the 1st defendant/respondent the 2nd plaintiff/appellant had a residue of 23 (twenty-three) months of tenure as the appellants are running a 3 (three) years tenure.
This is a further appeal by the appellants' to this court.
