CHIEF FRANCIS UCHENNA UGWU & ORS V. PEOPLES DEMOCRATIC PARTY & ORS
(2013) JELR 35639 (CA)
Court of Appeal
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CA/E/259/2012
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8 Mar 2013
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Nigeria
Coram
ABUBAKAR JEGA ABDUL-KADIR JCA;
ISAIAH OLUFEMI AKEJU JCA;
EMMANUEL AKOMAYE AGIM JCA;
Appearances
Awa U. Kalu Esq, SAN with Chief Ben C. Ezugwu,. C.I. Obidike Esq. and U.F. Ukwueze Esq. For Appellant
Chief (Mrs) A.J. Offiah, SAN with C. Nwaubani (Mrs) and Uche Onyekachi Esq; for the 1st RespondentEmmanuel E. Ogbodo Esq. for the 2nd RespondentTochukwu Maduka Esq; with Aisha Nasiru (Mrs) and Uche Agunwa for the 3rd to the 7th Respondents For Respondent
Judgement
<p>EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 1st of February, 2011, the plaintiffs, now appellants herein, commenced Suit No PHC/ABJ/CS/105/2011 by originating Summons in the Federal High Court at Abuja. The Suit was later transferred by the Honourable Chief Judge of the Federal High Court to Enugu Judicial Division of the Court and renumbered FHC/EN/CS/47/2011. In the said originating Summons, the plaintiffs claimed for the determination of the following questions</p><p> (i) Whether the procedure for the nomination and/or sponsorship of candidates for elective offices recognized by the Electoral Act 2010 and the Constitution of the Federal Republic of Nigeria 1999 is within the exclusive domain of section 87 of the Electoral Act 2010 as amended;</p><p> (ii) Whether having determined the manner or procedure of conducting the mandatory party primaries for the purpose of nomination and sponsorship of candidates for elective offices recognized by the Electoral Act 2010 and t…</p>