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PEOPLES DEMOCRATIC PARTY & ANOR. V. KINGSLEY NONYE PHILIPS & ANOR.

(2010) JELR 33186 (CA)

Court of Appeal  •  CA/A/147/07  •  12 May 2010  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; JIMI OLUKAYODE BADA JCA; ABDU ABOKI JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court Abuja in Suit No:FHC/ABJ/CS/220/07 which was delivered on the 10th day of May, 2007.

The action was commenced by Originating Summons Procedure at the lower Court by the Plaintiff/1st Respondent/Cross Appellant (hereinafter called the 1st Respondent) against the Appellant/Respondent/Cross Respondent (hereinafter called the Appellant) and 2nd Respondent/Cross Respondent.

The reliefs sought by the 1st Respondent as adumbrated in the Originating Summons are:-

"(1) A declaration that there are no cogent and verifiable reasons for the Defendants to challenge, substitute or entertain the change of name of the Plaintiff as the candidate of the Peoples Democratic Party (PDP) for the Ika South Constituency of the Delta State House of Assembly Election due in April 2007.

(2) A declaration that the Defendants cannot change or substitute the name of the Plaintiff as the …

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