MR. PETER OBI V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS
(2007) JELR 48161 (SC)
Supreme Court
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SC.123/2007
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13 Jul 2007
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Nigeria
Coram
ALOYSIUS I. KATSINA-ALU JSC;
GEORGE ADESOLA OGUNTADE JSC;
MAHMUD MOHAMMED JSC;
FRANCIS FEDODE TABAI JSC;
IBRAHIM TANKO MUHAMMAD JSC;
PIUS OLAYIWOLA ADEREMI JSC;
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;
Appearances
Dr. O. Ikpeazu, SAN and P.I. Ikweto, SAN, (with them, P.A. Afuba, Dr. V. I. Azinge, E.D. Chukwura, O. J. Nnadi, E.C. Ezenduka, T.U. Oguji, Ike Chude, P.E. Ogroko, V.E. Okonkwo, Onyeka Nwokolo, C.N. Abiakam, Victor Ekim, Echezona Etiaba, J. I. Idigo, Prisca Ozo Ilesike, Emeka Offor and O. Nwankwo) . For Appellant
Chief Anthony Idigbe, SAN, (with him, Chief Chris Uche, SAN, I. Nwogu, Bunmi Opeagbe [Miss], Ebele Chukwu and Abraham Akpe) -for the 1st RespondentArthur-Obi Okafor (with him, Anthony Musa) for the 2nd Respondent.Ikechukwu Ezechukwu (with him, A. T. Udechukwu and Ogbechi Ogbonna) for the 3rd Respondent.Ifeanyi Udenze for the 4th and 5th Respondents.Prince Orji Nwafor-Orizu, (with him, Ugochukwu Onyechukwu for the 6th and 7th Respondents. For Respondent
Judgement
P. O. ADEREMI, J.S.C (Delivering the Leading Judgment): On Thursday, 14th of June, 2007, I delivered my judgment in the open court in this matter sequel to taking the addresses of the respective counsel representing the parties in this appeal and I did say that I would give my reasons for the judgment today. I now proceed to give my reasons.
I start by saying that the appeal here is against the judgment of the Court of Appeal (Enugu Division) delivered on the 22nd of May, 2007 dismissing the appeal of the appellant herein against the judgment of the Federal High Court, Enugu Division delivered on the 30th of March, 2007 in Suit No. FHC/EN/CS/27/2007: Peter Obi v. Independent National Electoral Commission in which the trial court declined jurisdiction to adjudicate in the matter placed before it. Suffice it to say that by Originating Summons dated 12th of February, 2007 and filed the same date, the appellant, who was the plaintiff before that court had claimed for the determination of …
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