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(2021) JELR 109422 (CA)

Court of Appeal  •  CA/J/344/2010  •  8 Jun 2021  •  Nigeria

Ignatius Igwe Agube, JCA Cordelia Ifeoma Jombo-Ofo, JCA Yargata Byenchit Nimpar, JCA


IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This Appeal challenges the Judgment of the High Court of Benue State, Holden at Makurdi Division and delivered by Hon. Justice J.S. Ikyegh in Suit No.MHC/18/2007 on the 28th day of June, 2007 whereof the learned Trial Judge entered judgment in favour of the Plaintiffs by setting aside the selection exercise which enthroned the 1st Defendant as the District Head of Mbabai.

Aggrieved with the Judgment, the learned Counsel for the Appellants, on the 7th of July, 2010 filed a Notice of Appeal dated 30th June, 2010 predicated on seven (7) grounds which was withdrawn. The second Amended Notice of Appeal dated 18th April, 2011 was also withdrawn. Accordingly, the Original Notice of Appeal was further amended which is now titled “THIRD AMENDED NOTICE OF APPEAL” dated 10th October, 2018 but filed on the 8th of February, 2019 and deemed properly filed and served on the 11th of March, 2021 predicated on seven (7) grounds hereunder rep…

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