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AGBAKOBA
V.
INEC & ORS

(2008) JELR 46718 (SC)

Supreme Court 19 Dec 2008 Nigeria
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- The appellant is challenging the decision of the Court of Appeal to strike out their appeal as a mere academic exercise. - The case revolves around the interpretation of Section 34 of the Electoral Act, 2006, regarding the substitution of

Case Details

Suit Number:SC.224/2007
Judges:ALOYSIUS IYOGYER KATSINA-ALU Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria
Counsel:Olisa Agbakoba, SAN., (with him; Chijioke Emeka, and Chinwe Nwadike) For Appellant E. O. AdekwuDr. Onyechi Ikpeazu, SAN., (with him; Ike Ugbogu and P. Ozoilesike) For Respondent
Other Citations:(2008) 18 NWLR (Pt. 1119) 489, AGBAKOBA v. INEC (2008) 18 NWLR (Pt. 1119) 489 S.C.

C. M. CHUKWUMA-ENEH, JSC (Delivering the Leading Judgment): This appeal is filed by the plaintiff (appellant in this court) against the unanimous decision of the Court of Appeal of the Enugu Judicial Division sitting in Enugu given on 28th June, 2007, striking out the appellant's appeal as it has become a mere Academic exercise.

The plaintiff who is also the appellant in the Court of Appeal being totally aggrieved by the decision has brought this appeal by a notice of appeal dated and filed on 3rd of December, 2007, the leave of this court having earlier on been granted on 21st of November, 2007, to that effect. In the trial court, the plaintiff's suit which is hinged on the interpretation of Section 34 of the Electoral Act, 2006, vis-à-vis the substitution of the appellant by the 2nd defendant (2nd respondent) for the 3rd defendant (3rd respondent in this court) as its candidate for the Onitsha North and South Federal Constituency of Anambra State.

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