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HON. CHUDI JONES ONYERERI v. HON. (MRS.) JULIET OBASI AKANO & ORS

(2013) JELR 41499 (CA)

Court of Appeal  •  CA/OW/253/2011  •  11 Dec 2013  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; PHILOMENA M. EKPE JCA; PETER OLABISI IGE JCA;

Judgement

UWANI MUSA ABBA AJI (PJ) (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court, Owerri, presided over by Hon. Justice F. A. Olubanjo delivered on 20/6/2011 in Suit No. FHC/OW/CS/119/2011, between HON. (MRS.) JULIET OBASI AKANO V. (1) PEOPLES DEMOCRATIC PARTY, (2) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC), (3) CHUDI JONES ONYERERI.

The 1st Respondent herein was the Plaintiff before the lower court. She instituted an action against the Appellant and two others seeking these reliefs:

(a) A declaration that the purported primaries held by the 1st Defendant on the 8th day of January, 2011 to determine its candidate for the Nwangele/Isu/Njaba/Nkwerre Federal constituency is contrary to section 87 of the Electoral Act, 2010 and the Election Guidelines for the Primary Election 2010 of the Peoples Democratic Party and thus illegal, void and of no effect whatsoever.

(b) An Order of Court setting aside the purported primaries and nomination of t…

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