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CHIEF FRANCIS UCHENNA UGWU & ORS V. PEOPLES DEMOCRATIC PARTY & ORS

(2015) JELR 40754 (SC)

Supreme Court  •  SC.130/2013  •  20 Feb 2015  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC; BODE RHODES - VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; KUMAI BAYANG AKAÂ’AHS JSC;

Appearances
Awa U. Kalu, SAN (with him Ugo Ukwueze; A. A. Nwodo (Miss); C. L. Obidike and W. B. Musa) For Appellant Ifeanyichukwu for the 1st Respondent.S. O. Ibrahim for 2nd Respondent.Tochukwu Maduka for 3rd - 7th Respondents. For Respondent

Judgement

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The Plaintiffs who claimed to have participated and won the primary elections conducted by the Peoples Democratic Party for the nomination of candidates in respect of the Enugu North Senatorial District, Igboeze North/Udenu Federal Constituency and the Udenu, Uzo Uwani and Nsukka East Constituencies of Enugu State respectively for the 2011 General Elections but whose names were not forwarded by the Party to the (INEC) instituted an action by Originating Summons at the Federal High Court Enugu in Suit No. FHC/EN/CS/47/2011 seeking declaratory reliefs that they were the people entitled to have their names submitted by the 1st defendant to the 2nd defendant as the candidates for the said elections.

The 3rd - 7th Defendants whose names the Party sent to the Independent National Electoral Commission to contest the election applied to be joined and the application was granted. They alleged that following series of complaints by…

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