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CHIEF CHRISTOPHER ARUA v. CHIEF FIDELIS I. K. UGWU

(2016) JELR 36753 (CA)

Court of Appeal  •  CA/E/82/2011  •  6 May 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling delivered by Honourable Justice A. R. Ozoemena of the Enugu state High Court, sitting at Enugu-Ezike (hereinafter referred to as the 'Lower Court?). The said ruling was delivered on the 10th day of May, 2010.

The substantive suit which gave birth to the ruling was instituted by the plaintiff/respondent, vide a writ of summons dated the 19th day of March, 2009 and filed on the 6th day of May, 2009 contemporaneously with the statement of claim, against the then 1st and 2nd defendants, wherein the plaintiff/respondent claims the following reliefs as reproduced below:

"(a). A declaration that an elected State Governor of a State in Nigeria have no authority and power to perform the duties and functions of the office of the Governor of a State before the subscription to the oath of office and oath of allegiance and after the expiration of his tenure of office under the 199…

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