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HON. OGBONNA ASOGWA v. PEOPLES? DEMOCRATIC PARTY & ORS

(2012) JELR 34883 (CA)

Court of Appeal  •  CA/A/586/2011  •  27 Apr 2012  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; OFR JCA; HUSSEIN MUKHTAR JCA; EJEMBI EKO JCA;

Judgement

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): On the 8th April, 2011 the Honourable Justice I. N. Auta, Ag. Chief Judge of the Federal High Court delivered the ruling at pages 751 - 865 of the Record in the suit of the Appellant as the Plaintiff. The Appellant was aggrieved by the decision and pursuant to the leave granted to him, the Appellant filed the Notice of Appeal at pages 870 - 875 on 27th January, 2012.

The appellant, as Plaintiff, had approached the Federal High Court sitting at Abuja vide originating summons filed on 22nd March, 2011 seeking four (4) reliefs, to wit:

1. Declaration that the Plaintiff's the duly nominated candidate of the Peoples' Democratic Party (PDP) representing Nsukka/Igbo Eze South Federal Constituency in the Primary Elections conducted on the 12th day of January, 2011 for the elections scheduled for April, 2011.

2. An order of injunction restraining the Peoples' Democratic Party (PDP), their servants and agents, privies, howsoever from forward…

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