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MR. CHARLES CHUKWUMA EZEANI v. BARR. IKENNA CYPRAIN UZOKWELU & ORS

(2018) JELR 33030 (CA)

Court of Appeal  •  CA/E/520/2017  •  23 Feb 2018  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A.(Delivering the Leading Judgment): The 1st respondent in this appeal instituted suit no. FHC/AWK/CS/109/15 against the appellant and 3 others. By an amended originating summons he sought the determination of the following questions and reliefs:

1. Whether having regards to the provisions of Chapter VIII Section 50 (9) and (10) (b) of the Constitution of the 1st Defendant 2012 as amended), Section 87(1) (4) (c) (i) (ii) (9) of the Electoral Act 2010 as amended and Clauses 32 (b) (c) (d) (i), 33 (j), (34) (1) (a) (b) (c) (e) (f) and Clause 50 of the 1st Defendants Electoral Guidelines for the primary Elections 2014, the said 1st Defendant can validly nominate the 3rd Defendant on record and/or any other person as its candidate other than the plaintiff who emerged and declared(sic) the winner of the 1st Defendants primary Election (special congress) for the 2015 Anambra State House of Assembly, Anaocha II constituency, held in Neni town, the Anaocha I…

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