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PROF. ONYEBUCHI CHUKWU v. PEOPLES DEMOCRATIC PARTY (PDP) & ORS

(2016) JELR 36799 (CA)

Court of Appeal  •  CA/E/385/2015  •  8 Jun 2016  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

EMMANUEL AKOMAYE AGIM, JCA (Delivering the Leading Judgment): Dissatisfied with the nomination of the 3rd respondent as the 1st respondent's candidate for the 2015 general election of Governor of Ebonyi, the appellant on 28-1-2015 filed an originating summons commencing Suit No. FHC/AI/CS/1/2015 in the Federal High Court of Nigeria at Abakaliki against the respondents seeking the determination of the following questions

1. Whether the procedure for the nomination and/or sponsorship of candidates for elective offices recognized by the Electoral Act 2010 and the Constitution of the Federal Republic of Nigeria 1999, is within the exclusive domain of Section 87 of the Electoral Act 2010 as amended and any guidelines issued by a political party for the conduct of a primaries.

2. Whether the 2nd Defendant is not bound to act on a candidate nominated by the 1st Defendant for the purpose of the general elections when such a candidate was elected in violation of the electoral guidelines establiā€¦

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