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DR. CHRISTIAN NWACHUKWU OKOLI V. DR. GODWIN DURU & ORS.

(2006) JELR 47422 (CA)

Court of Appeal  •  CA/PH/352M/2005  •  29 Mar 2006  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA; MONICA BOLNA'AN DONGBAN-MENSEM JCA;

Judgement

MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the leading ruling): on 27th February 2006, we heard arguments from counsel in respect of two applications. The two notices of motion emanated from Dr. Godwin Duru's appeal. The first application, filed on 31st October 2005, is at the instance of Dr. Godwin Duru. The second application dated 4th February 2006 and filed on 23rd February 2006, is at the instance of Dr. Christian Nwachukwu Okoli, the first respondent in the appeal filed by Dr. Duru.

In his application, Dr. Godwin Duru prayed this court for:

"An order setting a side the swearing-in of the 1st respondent by the 7th respondent as chairman, Aba south Local Government council, Abia state which was carried out on Wednesday 26th October 2005 after the service on the 1st, 6th and 7th respondents of the appellant/applicant's motion dated 24th october 2005. And for such further or other orders as this honourable court may deem fit to make in the circumstances."

On his part, Dr. Christian N…

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