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HON. MARTIN OKONTA v. KINGSLEY NONYE PHILIPS & ORS.

(2010) JELR 47584 (SC)

Supreme Court  •  SC.194/2010  •  13 Dec 2010  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; IBRAHIM TANKO MUHAMMAD JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; JOHN AFOLABI FABIYI JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

OLUFUNLOLA OYELOLA ADEKEYE, J.S.C. (Delivering the Leading Ruling): This is an appeal against the judgment of the Court of Appeal, Abuja delivered on the 12th of May, 2010. By way of brief background of the facts the matter was commenced at the federal High court Abuja by originating summons. The plaintiff before the Federal High Court-now the 1st respondent in this appeal - Kingsley Nonye Philips claimed that he was the nominated candidate of Peoples Democratic Party to contest as a representative for Ika South Constituency into the Delta State House of Assembly. The seat being contested by the 1st respondent in court was won by the appellant - Hon. Martin Okonta, who was already sworn in as a member representing Ika South Constituency in the Delta House of Assembly. The Federal High Court did not deem it fit to join the appellant in this case to that action, regardless of the fact that there were relevant portions of the originating summons which made particular reference to the app…

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