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RT. HON. CHIBUIKE ROTIMI AMAECHI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS.

(2007) JELR 16408 (CA)

Court of Appeal  •  CA/A/70/07  •  20 Jul 2007  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; OLUFUNMILOLA OYELOLA ADEKEYE JCA; OYEBISI FOLAYEMI OMOLEYE JCA; ABDU ABOKI JCA; CHIDI NWAOMA UWA JCA;

Judgement

OLUFUNLOLA OYELOLA ADEKEYE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting in Abuja, delivered on the 15th of March, 2007. By a writ of summons filed on 21/1/07, the plaintiff, now appellant before this court Honourable Chibuike Rotimi Amaechi claimed against the defendant Independent National Electoral Commission as follows:-

(1) A declaration that the option of changing or substituting a candidate whose name is already submitted to INEC by a political party is only available to political party and/or the Independent National Electoral Commission (INEC) under the Electoral Act 2006 only if the candidate is disqualified by a court order.

(2) A declaration that under the Electoral Act 2006, it is only a court of law by an order that can disqualify a duly nominated candidate of a political party whose name and particulars have been published in accordance with Section 32(1) of the Electoral Act 2006.

(3) A declaration that…

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