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IFEYINWA ANAZONWU V. ENGR. NELSON OSELOKA ONUBOGU & 2 ORS

(2023) JELR 110609 (CA)

Court of Appeal  •  CA/AW/05/2023  •  4 Feb 2023  •  Nigeria

Coram
Jummai Hannatu Sankey JCA Frederick Oziakpono Oho JCA Patricia Ajuma Mahmoud JCA

Appearances
N.J. Akunne, Esq. for the Appellant(s) Clement Ezika, Esq. with him, Kingsley Onunko, Esq. and Ozioma Ndubuisi, Esq. Appears for the 1st Respondent Martin Obi, Esq. appears for 2nd Respondent holding brief for the Patrick Okoh, Esq. Ekene Okonkwo, Esq. appears for 3rd Respondent holding brief for Comfort Sira Wiwa, Esq. for the Respondent(s)

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court Awka Division, in Suit No. FHC/AWK/CS/95/2022 delivered on 29th November, 2022, Coram: H.A. Nganjiwa, J. Therein, the 1st Respondent was declared the validly nominated candidate of the 2nd Respondent.

The facts leading to the appeal are captured succinctly as follows: The 1st Respondent as Plaintiff before the lower Court, commenced the suit leading to this appeal vide an Originating Summons wherein he posed four questions for determination by the lower Court (as contained at pages 2-4 of the record of appeal). Thereafter, he claimed the following declarative and injunctive reliefs against the Defendants:

1. “A DECLARATION that upon a proper interpretation of Section 65(2) (b), 66(1) (i) of the Constitution of the Federal Republic of Nigeria, 1999 as altered; Section 29(5) (6), Section 84(3) of the Electoral Act, 2022 and Article 9, 9.1(ii), Article 9.3(i), Arti…

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