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HYDE ONUAGULUCHI V. PEOPLES DEMOCRATIC PARTY & ORS

(2013) JELR 35644 (CA)

Court of Appeal  •  CA/E/360/2012  •  12 Jun 2013  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; MOJEED ADEKUNLE OWOADE JCA; ISAIAH OLUFEMI AKEJU JCA;

Appearances
Chief A.O. Mogboh, SAN with M.A. Okafor (Mrs.) C. Edeh Esq.,C.I. Chiwuzie, O.U. Enechioyia For Appellant H.N. Ugwuala for the 1st Respondent.Peter Eze for the 3rd Respondent, with Tochukwu Odo and Kevin Eya.E.E. Ogbodu for 2nd Respondent. For Respondent

Judgement
<p>ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): At the Federal High Court holden at Enugu, the appellant who was the plaintiff commenced Suit No. FHC/EN/64/2011 through the originating summons filed on 22/3/2011, against the 1st and 2nd respondents as the defendants seeking the determination of the following questions:</p><p> a. whether having regard to Section 87 (1) (2) and (3) of the Electoral Act 2010 (as amended) and paragraphs 27 (v), 30 (e) (f) and PART V. of the 1st defendant&#x27;s Electoral Guidelines for Primary Elections 2010, the Exclusion of the plaintiff after having been screened and cleared by the 1st defendant having satisfied all the necessities from participating in the Primary Elections to the Enugu West Senatorial Seat of Enugu State, can be said to satisfy the requirement of fairness and the Law.</p><p> b. Whether having regard to Section 87 (1), (2), (3) and (9) of the Electoral Act 2010 (as amended) which requires that each qualified aspirant shall be given the o…</p>

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