AGBAKOBA VS. I.N.E.C.
V.

CHUKWUMA-ENEH JSC (Delivering the Lead 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 28 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 3 December 2007, the leave of this court having earlier on been granted on 21 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-a-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. Parties in this court have filed and exchanged their respectiv…