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PRINCE NNANNA UKAEGBU V. MR. KINGSLEY CHUKWUDI MADUAKO & ORS

(2018) JELR 39399 (CA)

Court of Appeal  •  CA/OW/154/2017  •  2 Feb 2018  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
NKEM ANTHONY NNABA, ESQ. For Appellant O. E. UKPAI, ESQ. For Respondent

Judgement
<p>TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed by the Appellant on 19/01/2017 against the decision of the Federal High Court Umuahia Judicial Division delivered on 15/12/2016.</p><p>The Plaintiff at the lower Court had instituted an action vide originating summons procedure claiming as follows:</p><p>1) A Declaration that the 1st Defendant is not a candidate in the election into the Abia State House of Assembly, Aba Central Constituency holding on the 11/4/2015 as the 1st Defendant was/is not a member of the 2nd Defendant and accordingly did not participate in the primary election held on 9/12/2014 for the election of such candidate, he being a member of the Peoples Democratic Party wherein he participated in their primaries and his name was not submitted to the 3rd Defendant by the 2nd Defendant.</p><p>2) A Declaration that the Plaintiff is the lawful candidate of the 2nd defendant in the election into the Abia State House of Assembly…</p>

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