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BARRISTER ORKER JEV & ANOR V. SEKAV DZUA IYORTYOM & ORS.

(2012) JELR 35119 (CA)

Court of Appeal  •  CA/MK/150/2011  •  7 Mar 2012  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN MENSEM JCA; THERESA NGOLIKA ORJI - ABADUA JCA; REGINA OBIAGELI NWODO JCA;

Appearances
S.A. OrkumahJ.A. Agbatar For Appellant Peter (3rd Respondent appears in person)E.C. TeeveN.D. Ter Mrs. A. Momodu and G.N. Kanu (Miss) For Respondent

Judgement

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court sitting in Makurdi, Benue State delivered on the 21st of March 2011. The Federal High court (herein described as the court below) in its judgment resolved the 3 questions raised for determination by the 1st respondent who was then the plaintiff in his favour, when the learned trial judge held as follows:

"1. That I declared that the 2nd defendant has breached Article 21.3, b, of the Constitution of the 2nd defendant in that the 2nd defendant has forwarded the name of the 1st defendant as candidate of the 2nd defendant for the April 2011 general elections for the House of Representatives to the 3rd defendant whereas, the plaintiff won the primaries for the said office as conducted by the 2nd defendant.

2. That I declared that the forwarding of the name for 1st defendant to 3rd defendant by the 2nd defendant as the candidate for the House of Representative fo…

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