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PRINCE HEZ OKONKWO v. PEOPLES DEMOCRATIC PARTY & ORS

(2013) JELR 35352 (CA)

Court of Appeal  •  CA/A/94/2013  •  18 Sep 2013  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; CHIDI NWAOMA UWA JCA; MOORE A. A. ADUMEIN JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal from the Ruling of the Federal High Court sitting in Abuja in Suit No.: FHC/ABJ/CS/188/2013 - PEOPLES DEMOCRATIC PARTY and 4 OTHERS V. MR. FORT DIKE and ANOTHER; delivered on the 23rd day of January, 2013, wherein the Appellant's application for joinder as an interested party was dismissed.

The Appellant dissatisfied with the Ruling of the lower court appealed to this Court.

The Learned Senior Counsel for the Appellant formulated four (4) issues for the determination of the Appeal. The issues are reproduced as follows: -

"(1) Whether having regard to the materials placed before the trial court and the courts own finding that the appellant was the nominated candidate of PDP, the Court was right in refusing to join him as a party interested in the subject matter of the suit. (Ground 1).

(2) Whether having regard to the evidence before the Court, the appellant abandoned his nomination by PDP and contested un…

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