Chief O.A. Coker-ineyougha V. The Bayelsa State House of Assembly & Ors (2005)

LawGlobal-Hub Lead Judgment Report

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. 

In the court below the plaintiff claims in suit No. NHC/1/2002, the following relief against the 1st – 8th defendant; 6th – 8th defendants were joined in the proceedings subsequently before hearing. The reliefs sought by the plaintiff are:

(a) that the Nembe Local Government created by the Federal Military Government on the 1st October 1996 is the instrument Gos/9/SA dated 27th December 1996 signed by the Secretary to Government as commanded by the instrument Gos/9/62 dated 14th March 1997.

(b) (In it) the headquarters of Nembe Local Government created by the Federal Military Government in October 1996 is Nembe Ogbolomabiri and nowhere else;

(c) That the elections conducted by the then NECON now (INEC) for positions of Chairman and Councilors in what it purported to be Nembe Local Government were unconstitutional null and void.

(d) That the then NECO electoral wards delineated by them and voters register compiled and used to conduct the local government election in 1997 in what it purported to be NEMBE local government Area are unconstitutional wrong and so inoperative:

(e) That not being a new local government the 1st and 2nd defendants have no constitutional rights to

(i) Change the name of Nembe local government or the residue after carving away of any part of it to form a new local government to Nembe (West) local government or any other name whatsoever

(ii) Change the name of the local government headquarters from Nembe Ogbolomabiri to Ogbolomabiri or any other name.

(f) That the 5th defendant who was declared winner as Chairman of Nembe local government was wrongfully declared as Chairman of Nembe local government.

(g) That the 5th defendant who was declared as chairman of Nembe local government of Bayelsa state has since been operating from Bassambiri purporting same to be the headquarters of Nembe local government Area has not been operating from the constitutionally recognized headquarters of Nembe local government Area.

For the above complaints, the plaintiff seeks an order compelling –

(a) The 1st – 3rd defendants to carry out a new ward delimitation within the boundaries Nembe local government as created by the federal Military Government on 1st October 1996 and as stated in the instrument GOS/9/S4 dated 27th December 1996, and amended by instrument GOS/9/62 dated 14th March 1997.

(b)(i) An order for the 5th defendant to move over to Nembe Ogbolomabiri as headquarters