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FRANK NNAEMEKA NWEKE JNR V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(2016) JELR 46587 (CA)

Court of Appeal  •  CA/A/633/2015  •  2 Nov 2016  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; TINUADE AKOMOLAFE-WILSON JCA; TANI YUSUF HASSAN JCA;

Judgement

TANI YUSUF HASSAN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Abuja in suit No. FHC/CS/1001/2014 delivered on the 15th day of June, 2015.

The appellant as plaintiff at the lower Court instituted an action by an Amended Originating Summons dated and filed on 25th day of February, 2015 asking for determination of the following question.

"Whether having regard to the judgment of Hon. Justice A. F. A. Ademola J. of the Federal High Court Abuja Division, dated the 24 day of November, 2014 in suit No. FHC/ABJ/CS/815/2014 Barr. Orji Chinenye Godwin and 2 others v. Peoples Democratic Party and 4 others, the 2nd and 3rd defendants can validly return anybody as the candidate of the 2nd Defendant in respect of the Enugu East Senatorial District without the participation and votes of the Court sanctioned delegates specifically referred to in the said judgment."

If the answer to the above question is in the negative, the plaintiff (as a…

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