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HON. NWALI ALPHONSUS CHINEDU V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ANOR

(2014) JELR 40079 (CA)

Court of Appeal  •  CA/E/127/2012  •  14 Feb 2014  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; IGNATIUS IGWE AGUBE JCA; EMMANUEL AKOMAYE AGIM JCA;

Appearances
Appellant absent (though served). For Appellant Nkiru Frank - Mmegwa (Mrs.) P.O. Egwu with O.C. Okwuru Esq. For Respondent

Judgement

ADZIRA GANA MSHELIA, J.C.A (Delivering the Leading Judgment): This is an appeal by the appellant who was plaintiff at the lower court, against the decision of the Federal High Court, Abakaliki delivered on the 25th day of January, 2012.

The Appellant initiated this action by virtue of an originating summons dated and filed on 25/5/2011, seeking the reliefs set out on the said originating summons, to wit:-

1. Declaration that the 2nd Defendant was not qualified to contest the April 9th 2011 National Assembly General Election for Ezza South/Ikwo Federal Constituency in Ebonyi State in that 2nd Defendant made a false declaration/information to Independent National Electoral Commission (INEC) by declaring in INEC Form CF 001 that he obtained a B.S.C. degree Certificate in 2006 from Imo State University which information is false.

2. A Declaration that 2nd Defendant did not graduate nor obtained a BSc degree Certificate from Imo State University in 2006, and that the purported BSC degree …

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