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KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Owerri Division (the lower court) delivered on 9/11/2012 allowing the cross appeal filed by the 2nd respondent herein (HON. INDEPENDENCE OGUNEWE), who was the 1st respondent/cross appellant at the lower court, setting aside the judgment of the Federal High Court, Owerri Judicial Division (the trial court) delivered on 29/3/2011 and remitting the case to the Federal High Court, Owerri for trial on the merit.
By an originating summons filed on 11/2/2011 before the trial court, the 2nd respondent herein, HON. INDEPENDENCE OGUNEWE sought the determination of a number of questions and consequential reliefs in respect thereof against (i) The All Progressives Grand Alliance (APGA), the Appellant herein, (ii) INEC, the 3rd respondent herein and (iii) SENATOR CHRITIANA N.D. ANYANWU, the 1st respondent herein. The thrust of the claim was that the plai…