J.A. NWARIE V. DR. B. N. AMAUWA & ORS.

KOLAWOLE, J.C.A (Delivering the Leading Judgment): At the Aba High Court in Imo State in suit No. A/172/91 the plaintiff, Dr. Bethel Nkemdirim Amauwa, instituted an action against the respondents, Joseph Adiele Nwarie, the National Electoral Commission and the Attorney-General of Irno State in which the plaintiff sought certain declaratory reliefs namely -

(1) Declaration that the Election Petition Appeal Panel comprising of three judges, sitting at the same time and in the same suit under the name and style of "In the Election Petition Appeal Court of Imo State of Nigeria. In the Election Petition Appeal Court of Umuahia Zone three holden at Aba" and comprising of a Chairman and two members is not "the competent High Court" of Imo State. The plaintiff claimed other reliefs.

On May 13, 1991 the plaintiff applied exparte for an interim injunction restraining the defendants from interferring with the plaintiff as being the duly elected chairman of Ukwa Local Government Council of Imo St…