INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) V. CHINEDU EPHRAIM NGWU & ORS

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Enugu Judicial Division, holden at Enugu, delivered on the 8th December, 2022 by OGUNBANJO, J. 

The Respondents filed an Originating Summons at the lower Court on the 14th October, 2022 wherein they sought a determination of the following questions:

1. Whether by the express and combined interpretation of provisions of Sections 31(1), 32 and 33 of the Electoral Act, 2022, by the letter of voluntary withdrawal sworn on oath and the 3rd Plaintiff’s letter to the Defendant, the 2nd Plaintiff has voluntarily and effectively withdrawn as the 3rd Plaintiff’s Enugu State House of Assembly Candidate for 2023 Enugu North State Constituency Election. 

2. Whether by the express interpretation of Sections 31, 32 and 33 of the Electoral Act, 2022 and the 3rd Plaintiff’s letter to the Defendant, the 1st Plaintiff is the duly nominated candidate of the 3rd Plaint…