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MR. KINSLEY CHUKWUDI MADUAKO V. MR. ABRAHAM OBA & ORS

(2018) JELR 39181 (CA)

Court of Appeal  •  CA/OW/367/2017  •  18 May 2018  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Appearances
O.E. UKPAI ESQ. For Appellant ISAAC ANYA ESQ WITH HIM, U.C. EKEKE, ESQ. AND G.E. DIMGBA(MISS) FOR 1ST RESPONDENTDANIEL ANYA ESQ. FOR 2ND RESPONDENTO.C. NWOGU (MRS) FOR 3RD RESPONDENT For Respondent

Judgement
<p>ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court, Umuahia in Suit No: FHC/UM/CS/112/2015, delivered on 15/12/2016 by Hon. Justice E.N. Anyadike, whereof the learned trial Judge dismissed the Appellants Suit for want of locus standi/jurisdiction.</p><p>At the lower Court, Appellant, as plaintiff, had, by originating summons, sought the following reliefs:</p><p>(1) A declaration that the 1st Defendant is not a candidate in the election into the Abia State House of Assembly, Abia Central Constituency holding on the 11th April, 2015 as the 1st Defendant was/is not a member of the 2nd Defendant and accordingly did not participate in the primary election, held on 9th December, 2014 for the election of such candidate, he being a member of the Peoples Democratic Party wherein he participated in their primaries, and his name was not submitted to the 3rd Defendant by the 2nd Defendant.</p><p>(2) A declaration that the plaintiff is the lawful candโ€ฆ</p>

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