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HONOURABLE JOEL DANLAMI IKENYA v. HON. EMMANUEL BWACHA ORS.

(2011) JELR 33422 (CA)

Court of Appeal  •  CA/A/158/M/2007  •  24 Feb 2011  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JIMI OLUKAYODE BADA JCA; REGINA OBIAGELI NWODO JCA;

Judgement
<p>JIMI OLUKAYODE BADA, J.C.A: (Delivering the leading : ): This is an appeal against the : of the Federal High Court Abuja in Suit No:- FHC/ABJ/M/304/2007 delivered on 17th May 2007.</p><p> The 1st and 2nd Applicants who are now 1st and 2nd Respondents commenced an action at the lower court against the 1st, 2nd and 3rd Respondents who are now 3rd and 4th Respondents and Appellant in this Court. They asked for the following orders:-</p><p> "(a) An order of mandamus compelling 1st and 2nd Respondents to declare the 1st Applicant as the 2nd Applicant's candidate for the Southern Senatorial District of Taraba State and consequently the winner of the 21st April 2007 Senatorial Election for the said Southern Senatorial District of Taraba State, the 2nd Applicant having won the said election.</p><p> (b) A declaration that the 2nd Applicant's expulsion of 3rd Respondent from 2nd Applicant's party is valid and subsisting and extinguishes any claim or right thereto accruing to the said 3rd Respondent. Th…</p>

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