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OKECHUKWU JAMES CHUKWURAH V. ALL PROGRESSIVES CONGRESS (APC) & ORS

(2023) JELR 110225 (CA)

Court of Appeal  •  CA/ABJ/1465/2022  •  10 Feb 2023  •  Nigeria

Coram
Stephen Jonah Adah, JCA Ugochukwu Anthony Ogakwu, JCA Danlami Zama Senchi, JCA

Appearances
F. O. C. Uzoegwu, Esq. with him, Callistus Ewulu, Esq. for the Appellant; A. S. Ibrahim, Esq. with him, Aliyu Alhassan, Esq. for the 1st Respondent; Smart Iheazor, Esq. for the 4th Respondent; Christopher Okeke, Esq. with him, Abubakar Khalifa Musa, Esq. for the 5th Respondent; The 2nd & 3rd Respondents were absent and not represented by Counsel.

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The disceptation in this appeal is in respect of the candidate of the 1st Respondent for the Oyi/Ayamelum Federal Constituency of Anambra State at the forthcoming general election fixed for 25th February 2023. In obeisance to the prescriptions of the electoral laws, the 1st Respondent on 27th May 2023, conducted its primary election to elect the candidate to fly its flag for the said constituency. The contestants at the said primary election were the Appellant and the 4th Respondent. The 4th Respondent was returned as elected at the said primary election. 

The Appellant, contending that the 4th Respondent was not qualified to contest the primary election for being in breach of the Constitution of the 1st Respondent and the 1st Respondent’s Guidelines for the Nomination of Candidates for the 2023 General Election, commenced proceedings by Originating Summons filed on 8th June 2022 before the Federal High Court. The foll…

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