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OZONMA (BARR) CHIDI NOBIS ELENDU V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2014) JELR 46764 (CA)

Court of Appeal  •  CA/E/201/2011  •  3 Feb 2014  •  Nigeria

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

Appearances
Chief G. Oseloka Osuigwe Esq. with C. E. Nwosu (Miss) and C.S.G. Anozie Esq. For Appellant Ben Osaka Esq. with C. E. Anyigbo Esq, for the 1st respondentO. J. Nnadi SAN with L. E. Egwu Esq, for the 2nd and 3rd respondents. For Respondent

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 8th of April 2011, the Appellant herein, as Plaintiff filed Suit No.FHC/AWK/CS/167/2011 against the Respondents herein as Defendants for:-

a. A Declaration that the Plaintiff is the duly nominated candidate of the Peoples Democratic Party for the Federal House of Representatives, Aguata Federal Constituency, Anambra State of Nigeria having polled the highest number of votes at the repeat primaries of the Peoples Democratic Party held on Monday, the 10th day of January, 2011.

b. A Declaration that the Plaintiff is the lawful candidate of the 2nd Defendant (PDP) for the House of Representatives, Aguata Federal Constituency whose name shall ought to be placed or published on the ballot for the 2011 National Assembly election by the 1st Defendant.

c. A Declaration that the purported submission of the name of the 3rd Defendant to the 1st Defendant (INEC) as a candidate of the 2nd Defendant (PDP) for the Federal House o…

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