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MR. IRE MATTHEW OWURU & ANOR V. HON. AGI MICHAEL ADIGWU & ANOR

(2017) JELR 37911 (SC)

Supreme Court  •  SC.197/2016  •  23 Jun 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; AMINA ADAMU AUGIE JSC; EJEMBI EKO JSC;

Appearances
DR. J.Y. MUSA with E.E. EKO, J.O. MUSA and G.I. DIDI For Appellant HENRY A. IYANYA, ESQ. with DESMOND YAMAH; C. ILOEJE; K. OZO-ENEMMO; S.O. OBUO and M. MOSES for 1st respondent M. ADETUNBI, ESQ. with BARBARA J. ONWUBIKO for 2nd respondent For Respondent

Judgement

WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal holden at Makurdi in appeal No CA/M/95/15 delivered on 15th day of December 2015, dismissing the appeal of the appellants and upholding the judgment of the trial Federal High Court also sitting in Makurdi. The facts leading to this appeal are inter alia as follows:-

By an originating summons filed on 25th March, 2015 the 1st respondent herein, as plaintiff, presented two questions to the trial Court for determination and sought the following reliefs against the defendants (now appellants and 2nd respondent):-

i. A declaration that the plaintiff is the validly nominated candidate of the 2nd defendant to contest the April 11th, 2015 House of Assembly Election in Oju 11 State Constituency.

ii. A declaration that being the validly nominated candidate of the 2nd defendant to contest the April 11th, 2015 House of Assembly Election in Oju 11 State Constituency, the …

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