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AMAECHI
V.
I.N.E.C.

(2008) JELR 56286 (SC)

Supreme Court 18 Jan 2008 Nigeria
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- The case involves the substitution of a candidate for the governorship elections in Rivers State, Nigeria. - The appellant, Chibuike Amaechi, filed a suit against the Independent National Electoral Commission (INEC), Celestine Omehia, and

Case Details

Suit Number:SC. 252/2007
Judges:ALOYSIUS IYORGYER KATSINA-ALU JSC (Presided) DAHIRU MUSDAPHER JSC GEORGE ADESOLA OGUNTADE JSC (Read the Lead Judgment) MAHMUD MOHAMMED JSC WALTER SAMUEL NKANU ONNOGHEN JSC IBRAHIM TANKO MUHAMMAD JSC PIUS OLAYIWOLA ADEREMI JSC
Counsel:L. O. Fagbemi SAN, Awa U. Kalu SAN, Ricky Tarfa SAN, N. O. O. -*- Oke SAN [with them, S. R. Dappa-Addo, S. O. Sanni, O. I. Olorundare, -*- F. A. Esu, Soji Olowolafe, Joshua E. Alobo, Sola Egbeyinka, H. O. Afolabi, F. J. Edema, K. O. Fagbemi, A. O. Popoola, W. Adedigba, O. -*- O. Ogunmola, R. A. Bakare, M. P. Kalu, C. W. Jerome, N. C. Awa -*- (Mrs.), C. V. Chia, O. O. Ibiam (Mrs.)] - for the Appellant . -*- Chief Amaechi Nwaiwu SAN - for the 1st Respondent . -*- J. D. Daudu SAN, Joe Agi SAN - for the 2nd Respondent . -*- Chief J. K. Gadzama SAN - for the 3rd Respondent .

OGUNTADE JSC (DELIVERING THE LEADING JUDGMENT): On 25-10-2007, this court heard this appeal and the two cross-appeals. I allowed the appeal and dismissed the cross-appeals. I indicated then that I would give the reasons for my judgment today, 18-01-2008. I now do so. On 26-01-2007, the appellant, Rt. Hon. Chibuike Amaechi, as the plaintiff, commenced his suit at the Federal High Court, Abuja against the Independent National Electoral Commission (INEC) (now 1st respondent) as the defendant. Later, the appellant sought and was granted leave to join, as second and third defendants respectively, Celestine Omehia (now 2nd respondent) and Peoples Democratic Party (now 3rd respondent).

I intend hereafter to refer to the plaintiff/appellant as Amaechi and the 1st, 2nd and 3rd defendants/respondents as INEC, Omehia and PDP respectively. In his further amended statement of claim, Amaechi claimed against the respondents the following reliefs:

“A declaration that the option of changing or substitu…

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