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INDEPENDENT NATIONAL ELECTORAL COMMISSION V. SUNDAY ANYANWU AJERO & ORS

(2017) JELR 40757 (CA)

Court of Appeal  •  CA/OW/264/2016  •  25 Jul 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Appearances
B. I. Amadi (Mrs) with O.C. Nwugo (Mrs) For Appellant Isaac Anya with C.M. Onwukamuche, Daniel Anya, O.E. Enwere and I.H. Oguegbu for 1st RespondentC.K. Uba for 2nd RespondentPrecious Kalu for 3rd Respondent For Respondent

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment delivered 12/5/2016 by the Federal High Court holden in Umuahia Judicial Division presided over by Hon. Justice D. E. Osiagor (hereafter to be simply referred to as the Lower Court and learned trial Judge respectively). The judgment of the Lower Court was in favour of the 1st Respondent on record.

The 1st Respondent herein as Plaintiff before the Lower Court commenced the instant action by way of Originating Summons filed on 31/12/2014. The originating summons was accompanied with affidavit setting out facts relied upon and to which many exhibits were attached and the written address of plaintiffs counsel. The claims of the 1st Respondent as contained in the originating summons are: -

1. A DECLARATION that the Plaintiff is the candidate validly nominated during the APGA primaries of 9th December, 2014 to represent the Umuahia North State Constituency in the forthcoming Abia Sta…

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