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DR. OKEZIE VICTOR IKPEAZU V. OBASI UBA EKEAGBARA & ORS

(2016) JELR 36772 (CA)

Court of Appeal  •  CA/A/406/2016  •  18 Aug 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; ABUBAKAR DATTI YAHAYA JCA; PHILOMENA MBUA EKPE JCA; IBRAHIM SHATA BDLIYA JCA; SAIDU TANKO HUSSAINI JCA;

Appearances
Chief Wole Olanipekun, OFR, SAN with him, Chief Adegboyega Awomolo (SAN),Chief Kanu Agabi (SAN), Chief Anthony Idigbe (SAN), Mamman Mike Osuman (SAN), J.U.K. Igwe (SAN), Chief Mrs. V. O. Awomolo (SAN), Dr Dapo Olanipekun (SAN), Olabode Olanipekun, Bolarinwa Awujoola, Adebayo Majekolagbe, Tolu Adetomiwa and Alimat Yushawu For Appellant Dr Alex A. Izinyon, SAN, Ph.D, OFR with him, B. K. Abu, Esq.,Chikezie S. Ekeocha, Esq., K. O. Omoruan, Esq., F. O. Izinyon, Esq., Hannatu Abdurrahman (Mrs.), Ejovi Oghojafor, Esq.,I. O. Fagbemi, Esq., Alex Izinyon II, Esq., Josephine Majebi (Miss) and Charity Adah (Miss) For Respondent

Judgement
<p>IBRAHIM SHATTA BDLIYA, J.C.A. (Delivering the leading : ): </p><p>This is an appeal against the judgment of the Federal High Court Abuja, (the lower Court) in Suit No. FHC/ABJ/CS/1086/2014, delivered on the 27th of June, 2016, by OKON ABANG, J. The 1st and 2nd respondents (who were the Plaintiffs) at the lower Court instituted the suit against the appellant (who was the defendant) by an originating summons filed on the 22nd of December 2014 which was amended on originating summons filed on the 22nd of December 2014 which was amended on the 12th of February, 2015. The appellant and the 1st and 2nd respondents are members of the 3rd respondent. The 3rd respondent conducted its primary election on the 8th of December 2014 as provided by Section 87(4) B(i)(ii) of the Electoral Act 2010 (amended) and the 3rd respondent&#x27;s Constitution. At the conclusion of the primary election, the 3rd respondent was declared as the elected candidate, while Dr. Sampson Uchechukwu Ogah came 2nd. The appellant…</p>

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