ENGR. GOODNEWS AGBI & BARR. ANTHONY ALABI V. CHIEF AUDU OGBEH, CHIEF VINCENT OGBULAFOR, PEOPLES DEMOCRATIC PARTY, INDEPENDENT NATIONAL ELECTORAL COMMISSION & CHIEF JAMES ONANEFE IBORI
(2003) JELR 53879 (CA)
Court of Appeal
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CA/A/42/2003
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16 Apr 2003
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Nigeria
Coram
UMARU ABDULLAHI, PCA
GEORGE ADESOLA OGUNTADE, JCA
IBRAHIM TANKO MUHAMMAD, JCA
ZAINAB ADAMU BULKACHUWA, JCA
ALBERT GBADEBO ODUYEMI, JCA
Appearances
Chief Robert Clarke, (with him, Messrs. Yinusa Pako, Moses Oddiri, C. Eke, James Okoli, R. E. Wanogho and E. Amayan) for the 1st Appellant.
Chief Afe Babalola, SAN (with him, Messrs. J. K. Gadzama, SAN, Olaseni Okunloye, Demola Bakare, Olufemi Amao, A. Maikori, E. J. Asuquo, A. A. Ibrahim, Miss Remi Awe and Miss Bolanle Oyeneyin) - for the 2nd appellant.
Mr. Kabir Bala (with him, Miss B. I. Omoaghe) for the 4th Respondent.
Alhaji Abdullahi Ibrahim, SAN (with him, Chief M. P. Ohwovoriole, SAN, Mr. O. Bellow, Mr. J. Akanike, Mrs. Gambari-Mohammed, Mr. C. E. Ekeocha, Mr. M. Sirajo Ibrahim, Miss Aina Birjin and Mr. O. A. Owodunni) for the 5th Respondent.
Judgement
OGUNTADE, JCA (Delivering the Lead Judgment): The appellants were the plaintiffs in suit No. CV/133/03 at the High Court of Abuja where they sought an originating summons against the 1st four respondents as the defendants seeking the determination of the following questions:
“1. That the 1st, 2nd and 3rd respondents are in error in its apparent and express refusal in disqualifying and withdrawing its flag and certificate of affirmation given to Chief James Onanefe Ibori to contest the 2003 gubernatorial elections on the party’s platform in Delta State despite legal proof of his being an ex- convict within the meaning of sections 182, i.e. of the 1999 Constitution.
2. That by virtue of sections 112, 115 and 124 of the Evidence Act, Cap 112 Laws of the Federation, the duly certified true copy of the record of proceedings of the Bwari Upper Area Court in case No. CR-81-95 is presumed genuine and from proper custody.
3. That within the meaning of section 182(1)(e) of the 1999 Constitution,…
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