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OKWULEHIE ONYENDI V. ALL PROGRESSIVES CONGRESS & 3 ORS

(2023) JELR 110770 (CA)

Court of Appeal  •  CA/OW/45/2023  •  28 Mar 2023  •  Nigeria

Coram
Jummai Hannatu Sankey Oludotun Adebola Adefope-Okojie Ademola Samuel Bola

Appearances
CHIEF F.A. ONUZULIKE, SAN, with him, I.B. UWOM, S.U. APU, and O.J.C. NNOROM for the Appellant(s) V.C. NWANKWO, with him, S. UZODINMA, and K.C. IRUKE - for the 1st & 2nd Respondents O.O. AMUZIE - for 3rd RespondentFor Respondent(s)

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting at Umuahia, delivered on the 20th day of January 2023 by M. G. Umar, J. (hereafter referred to synonymously as ‘the trial Judge’/ ‘lower Court’), dismissing the Preliminary Objection of the Appellant and granting the reliefs sought by the 3rd Respondent as Applicant before the lower Court. Aggrieved, the Appellant filed a fourteen ground Notice of Appeal on 1st February, 2023.

FACTS OF THE CASE:

​The case of the Appellant, who was the 3rd Respondent before the lower Court, as contained in his Counter Affidavit to the Originating Summons filed by the 3rd Respondent, as Applicant therein, is that the primary election conducted by the 1st Respondent (APC) for the Umuahia North State Constituency in Abia State was an indirect primary election from which he emerged as the winner and his name was forwarded to the 4th Respondent.

​The 3rd Respondent…

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