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PRINCE HON. NICHOLAS UKACHUKWU V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC & ANOR.

(2013) JELR 35897 (CA)

Court of Appeal  •  CA/OW/180/2012  •  10 Jan 2013  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; MOJEED ADEKUNLE OWOADE JCA; TIJJANI ABUBAKAR JCA;

Appearances
P.I.N. Ikwueto, SAN; with Chief Ikechukwu Ezechukwu, SAN;Benji Orji, Esq; For Appellant Ben Osaka, Esq for the 1st Respondent.Arthur Obi Okafor, SAN; with F. I. Aniukwu, Esq, Martin Okeke, Esq,C.S. Okafor (Mrs), P.O. Okoh (Miss); for the 2nd Respondent For Respondent

Judgement
<p>MOJEED ADEKUNLE OWOADE, J.C.A.: (Delivering the Leading Judgment): In the main, this is an interlocutory appeal which arose from the Ruling of M.G. Umar, J. in Suit No. FHC/UM/CS/092 delivered on 21/3/2012. The Ruling arose from an application filed by the 2nd Respondent in the substantive suit (Dr. Andy Uba) in a motion on notice dated and filed on 20th February 2012, where he sought the following orders.</p><p> &quot;1. An order that Justice. M.G. Umar who is the presiding Judge, in Suit No. FHC/UM/CS/92/2011 (Formerly Suit No. FHC/AWK/CS/05/2011, pending at the Federal High Court Awka and Suit No. FHC/ASB/CS/169/2011 pending at the Federal High Court Asaba between Prince Hon. Nicholas Ukachukwu v. Independent National Electoral Commission (INEC) and Dr. Andy Uba disqualifies himself and decline from continuing hearing Suit No. FHC/UM/CS/92/2011 pending in his court at Federal High Court Umuahia.</p><p> 2. And for such order or other orders as the Honourable court may deem fit to make in the circumsta…</p>

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