CHIEF AMEKE CHRISCATO IKECHUKWU V. HON. TONY NWOYE & ANOR
(2013) JELR 36021 (CA)
Court of Appeal
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CA/E/300/2012
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27 Mar 2013
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Nigeria
Coram
MOJEED ADEKUNLE OWOADE JCA;
ISAIAH OLUFEMI AKEJU JCA;
EMMANUEL AKOMAYE AGIM JCA;
Appearances
Mohmud Abubakar Magaji (SAN), Azuamah Ifeanyi Augustine Esq.Efut Okoi Esq., Oderah Nwatu Esq, Kenechukwu Azie Esq for the Appellant/Applicant For Appellant
Chuma Oguejiofor Esq. with I. Onuamah Esq. and A. C. Nnam Esq. for the 1st respondentMathew Ugwocha Esq. for the 2nd respondent. For Respondent
Judgement
<p>EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 8th of April 2011, the 1st respondent herein as applicant in suit No.FHC/AWK/157/2011 obtained the leave of the Federal High Court at Awka, per P. F. Olayiwola J to apply for Judicial Review by way of mandamus, declaration and injunction. Pursuant to this leave, the 1st respondent on the 11th April 2011 filed a motion on notice applying for judicial review and praying for the following reliefs. </p><p> 1. "A declaration of court that the respondent being a public body upon which a lot of constitutional and statutory responsibilities have been reposed especially in the matter of conducting a free and fair election in Nigeria in April 2011 must in doing so act dispassionately, independently and fairly without bias for or against any person(s) including the applicant.</p><p> 2. A declaration of court that the respondent cannot be allowed to approbate and reprobate at the same time or to speak from both sides of the same mouth at t…</p>