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Mr. Augustine Omini Iwara V. Mr. Ubi Ettah Itam (Alias Bombay) & Anor

(2009) JELR 33627 (CA)

Court of Appeal  •  CA/C/217/2007  •  11 Jun 2009  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; MOJEED ADEKUNLE OWOADE JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

M. A. OWOADE, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of Hon. Justice Akon Ikpeme delivered on 25/10/2007 at the Ugep Judicial Division of the High Court of Cross River State. By a writ of summons and statement of claim filed on 25/9/2007, the Appellant as Plaintiff before the lower court claimed against the Defendant 1st Respondent severally as follows:-

(i) A Declaration that the 1st Defendant is not qualified to contest the election into the office of Chairman of Yakurr Local Government Council and/or hold any other official/elective office.

(ii) An order of mandatory injunction restraining the 2nd Defendant from clearing the 1st Defendant and putting him forward to contest the forth coming Local Government Election in Cross River State, particularly the election into the office of Chairman, Yakurr Local Government Council scheduled to take place on the 3rd day of November, 2007.

The facts of the case are that the 1st Respondent was nominated b…

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