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HON. CHIEF OGBUEFI OZOMGBACHI V. MR. DENNIS AMADI & ORS

(2018) JELR 38687 (SC)

Supreme Court  •  SC.292/2017 (CONSOLIDATED)  •  20 Jul 2018  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; AMIRU SANUSI JSC; EJEMBI EKO JSC;

Appearances
Chief Chris Uche, SAN, Gordy Uche, Esq., SAN with Emeka Okoro, Esq., Prisca Ozolesike, Esq., and Emmanuel Okorie, Esq,, For Appellant Ogochukwu Onyekwuluje, Esq., with Ikechukwu Onuama, Esq., for 1st Respondent in SC.292/2017 and 2nd Respondent in SC.293/2017.Dr. Onyechi Ikpeazu, OON, SAN with Alex Ejesieme, Esq., Obinna Onya, Esq., Julius Mba, Esq., and Nwamaka Ofoegbu, Esq., for the 2nd Respondent in SC.292/2017 and 1st Respondent in SC.293/2017.Abdul Mohammed, Esq., with M. D. Acho, Esq., A. M. Saleh, Esq., and C. N. Onyia, Esq., for the 3rd Respondent in both Appeals. For Respondent

Judgement

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The two appeals have a common source. Their fountain head was the suit No.FHC/ABJ/CS/1026/2014 brought on the originating summons by the Appellant herein against the three Respondents (as defendants) in each of the two appeals. It is therefore right that the two appeals be taken together, especially as the issues for determination in the two appeals are almost identical.

The Appellant, as the plaintiff, sought the Federal High Court to determine the following three(3) questions and sought nine (9) reliefs, namely:

1. QUESTION FOR DETERMINATION

a. Having regard to the Subsisting judgment of the Federal High Court in suit No.FHC/ABJ/CS/816/2014 BARR. ORJI CHINENYE GODWIN and ORS v. PEOPLES DEMOCRATIC PARTY and 4 ORS, the Ward Congress held by the 2nd Defendant in Udi and Ezeagu LGAs in Enugu State remain the only valid and authentic Ward Congress for the purpose of conducting Primary Election for the selection/nomination of the PDP cand…

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