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INDEPENDENT NATIONAL ELECTORAL COMMISSION, ANAMBRA STATE & Anor. v. IFEANYICHUKWU E. R. OKONKWO

(2008) JELR 49458 (CA)

Court of Appeal  •  CA/E/233/2005  •  3 Jul 2008  •  Nigeria

Coram
AMIRU SANUSI JCA; MOHAMMED LADAN TSAMIYA JCA; SIDI DAUDA BAGE JCA;

Judgement

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Federal High Court, Enugu Division (Coram Alagoa J.) delivered on 27th May 2005, which granted all the reliefs sought by the applicant, now respondent against defendants, now appellants. The reliefs sought by the plaintiff which were granted by the lower court as per the Originating Summons are as follows:

"A. A declaration that neither the 1st defendant INEC nor the 2nd defendant the Resident Electoral Commissioner, Anambra State are vested with any power for the clearing/approval or revalidation of the candidature for the said election of Mr. lfeanyichukwu E. R. Okonkwo, the validly nominated candidate of the Nigeria Advance Party in purview of having complied with the provisions of Section 21 of the Electoral Act 2002 by the Plaintiffs.

B. A declaration that the delistment and exclusion of the names of Mr. lfeanyichukwu E. R. Okonkwo, and the Nigeria Advance Party his sponsor, the 1st …

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