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AMAKOM & ORS v. OBIDIGWE & ORS

(2021) JELR 106953 (CA)

Court of Appeal  •  CA/AW/546/2019  •  11 Mar 2021  •  Nigeria

Coram
Chioma Egondu Nwosu-Iheme, JCA Isaiah Olufemi Akeju, JCA Patricia Ajuma Mahmoud, JCA

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): This Appeal is a by-product of the Judgment of the Federal High Court sitting in Awka in Suit No FHC/AWK/CS/13/2019, delivered on the 3/5/2019 Coram B. O. Quadri, J. The learned trial Judge dismissed the Suit on the basis that the Suit was not filed in accordance with Section 31 (5) of the Electoral Act, 2010 (As Amended) and that the cause of action in the Suit accrued and became complete when the Appellants obtained Certified True Copies of the 1st Respondent’s INEC forms CF001 and E.C 4B(V) on the 15/11/2018 and therefore rendered the Suit filed on 6/11/2018 incompetent and also that the Suit was barred on issue Estoppel Res Judicata having been decided by two Courts of coordinate jurisdiction.

SUMMARY OF FACTS

The Appellants in this Appeal hail from Anambra East and West Federal constituency respectfully. The 1st Respondent on the other hand was the nominated candidate of All Progressives Grand Alliance (APGA) for …

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