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BARR. NOMEH CHIKAODILI INNOCENT V. NWAFOR CHRISTIAN O. & ORS

(2023) JELR 110400 (CA)

Court of Appeal  •  CA/E/36/2023  •  23 Feb 2023  •  Nigeria

Coram
Uzo Ifeyinwa Ndukwe-Anyanwu JCA Joseph Olubunmi Kayode Oyewole JCA Joseph Eyo Ekanem JCA

Appearances
N.V. Nwonu, Esq. for the Appellant; K.O. Egwu, Esq. for the 1st respondent; Mazi M.I Igbo for the 2nd respondent.

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court sitting at Abakaliki (the lower Court) delivered in suit No. FHC/AI/CS/156/2022 on 10/1/2023. In the judgment, the lower Court presided over by Riman, J. dismissed the suit of the appellant which challenged the submission of the name of the 1st respondent by the 2nd respondent to the 3rd respondent as its candidate for the House of Assembly election for the Ezza North West State Constituency of Ebonyi State scheduled to hold in March, 2023. The trial Court found that the primary election of the 2nd respondent held on 28/29th day of May, 2022 in which the 1st respondent was elected was the authentic primary election of the 2nd respondent. 

Aggrieved by the decision, the appellant appealed against the same by the means of a notice of appeal that was filed on 23/1/2033. 

The facts of the case leading to this appeal as presented by the appellant are that the 2nd respond…

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