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HON. EZENWA ONYEWUCHI V. TONY EKENEDIRICHUKWU ANYADIKE & ORS

(2017) JELR 38137 (CA)

Court of Appeal  •  CA/OW/63/2015  •  7 Apr 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
Chika H. Azuine (Mrs) for I. A. Njemanze For Appellant J. E. Okodogbe with him, C.O. Anyanwu and S. A. Akpanke for 1st Respondent.2nd Respondent served. For Respondent

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal against the ruling of the Federal High Court sitting at Owerri Judicial Division in Suit FHC/OW/CS/10/2015 which was delivered on 20/4/2015.

The plaintiffs claim at the lower Court as per paragraphs 20 (a-g) of his statement of claim are as follows:

WHEREFORE THE PLAINTIFF CLAIM AGAINST THE DEFENDANT AS FOLLOWS:

a. A declaration that the primary election of 6th December 2014 for the nomination of a candidate to represent the 2nd defendant, the Peoples Democratic Party in the general Election for the Owerri Federal constituency seat into the House of Representatives of the Federal Republic of Nigeria scheduled for February 14, 2015 is inconclusive having been marred by violence and other irregularities.

b. A declaration that the primaries by the 2nd defendant for nomination of a candidate to represent the party in the general election into the house of representative conducted on…

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