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PASCAL NWEKEORIE & ANOR v. CHIEF SAMUEL ANYANWU & ANOR

(2017) JELR 38212 (CA)

Court of Appeal  •  CA/OW/216/2016  •  24 Mar 2017  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; ISAIAH OLUFEMI AKEJU JCA; BITRUS GYARAZAMA SANGA JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice, Owerri in the Imo State of Nigeria in Suit No. HOW/2/2015 Between PASCAL NWEKEORIE AND ANOTHER AND CHIEF SAMUEL ANYANWU AND ANOTHER delivered on the 9th day of October, 2015.

Briefly, the facts of the case are that by an Originating Summons, the Appellants sought the determination of the following questions:

"(1) Whether in the likes of Section 31 of the Electoral Act 2010 (as amended), the 1st Defendant as the Peoples Democratic Partys Senatorial flag bearer of Imo State is legally qualified to contest for the position, by virtue of the 1st defendants indictment by a panel of inquiry set up by the Imo State government to investigate the allegation bothering on financial impropriety/abuse of office, considering the information given by the 1st Defendant as contained in the 1st Defendants completed INEC Form CF 001.

(2) Whether the nomination or election of t…

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