MR. NDUDI NWAGBARA & 6 ORS V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & 38 ORS
(2023) JELR 110698 (CA)
Court of Appeal
•
CA/OW/456/2022
•
11 Jan 2023
•
Nigeria
Coram
Rita Nosakhare Pemu
Oludotun Adebola Adefope-Okojie
Ademola Samuel Bola
Appearances
Chukwuma- Machukwu Ume, SAN., with him, Ogbonna Emeka, Esq. G. A. Okereke, Esq. and Jerome T. Makang, Esq. for the Appellant(s)
Bertha Ijeoma Amadi, Assistant Director INEC - for the 1st Respondent
Dr. Livy Uzoukwu, SAN, with him, A.S. Kolawole, Esq. - for the 2nd and 3rd Respondents
C. C. Elele, Esq. with him, C.O. Nwagu, Esq. Emeka Eze, Esq. and C. C. Nwogu, Esq. - for the 4th, 22nd, 23rd and 39th Respondents
Isaac Anya, Esq. with him, T.I. Gillis, Esq. - for the 5th Respondent
Dr. O. E. Ewere, Esq. - for the 10th Respondent
Henry Balogun, Esq. with him, C. E. Zuaru, Esq. - for the 14th, 21st, 32nd, 36th and 38th Respondents
Igwe Ogwo, Esq. - for the 15th, 16th, 17th and 25th Respondents
U.O. Ukarimo, Esq. - for the 13th and 19th Respondents
Chibuzor Aguocha, Esq. with him, E.O. Nwosu, Esq. - for the 24th, 26th, 27th, 28th, 30th, 31st and 35th Respondents
Udochi Iheanacho, Esq. - for the 29th Respondent
A.C. Okoroafor, Esq. with him, Chioma Ejindu, Esq. and Dike Chinomo Stanley, Esq. - for 32nd Respondent
Professor A.C. B. Agbazuere, Esq. - for 34th Respondent
A.C. Nnakwe, Esq. - for 37th Respondent
Judgement
RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting at Umuahia, Abia State, delivered on the 4th of November, 2022 in Suit No: FHC/UM/CS/62/2022, in which the Appellants were pronounced as lacking the relevant locus standi to institute the suit, the subject matter of this appeal. the Appellant suit was consequently dismissed in limine. Pages 1816 - 1837 of the Record of Appeal
FACTS LEADING TO THIS APPEAL
The 2nd Respondent – Peoples Democratic Party had notified the 1st Respondent – INDEPENDENT NATIONAL ELECTORAL COMMISSION of its intention to elect three (3) Ward Ad-hoc Delegates at a special Ward Congress across all the 184 Wards of Abia State. This, in preparation for the nomination of its candidates into the various elective offices in the 2023 General Election in Abia State.
It is the Appellants' case that the 2nd Respondent acted contrary to the Provisions of Section 82 of the Electoral Act 2022.
Th…
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