AMAECHI
V.
INEC & ORS.

(2007) JELR 16408 (CA)

Court of Appeal 20 Jul 2007 Nigeria
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- This case is an appeal against a judgment of the Federal High Court in Abuja. - The appellant, Chibuike Rotimi Amaechi, claimed that the Independent National Electoral Commission (INEC) had no power to change or substitute a candidate onc

Case Details

Suit Number:CA/A/70/07
Judges:RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria OLUFUNMILOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria
Counsel:Prince L. O. Fagbemi, SAN (with him, N. O. O. Oke; S. R. Dappa Ado; O. I. Olorundare; Soji Olowolafe; H. O. Afolabi; K. O. Fagbemi; A. O. Popoola; O. O. Ofunmola; Segun Adebayo; O.K. Chinda and I. Ararume For Appellant AND Chief A. Nwaiwu, SAN (with him, D. M. Mande)- for the 1st Respondent Mr. E. C. Ukala, SAN (with him, K. U. Obayi, S. K. Lili)- for 2nd Respondent Mr. G. U. Nwaneri (with him, C. I. Nwako)- for the 3rd Respondent For Respondent

OLUFUNLOLA OYELOLA ADEKEYE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting in Abuja, delivered on the 15th of March, 2007. By a writ of summons filed on 21/1/07, the plaintiff, now appellant before this court Honourable Chibuike Rotimi Amaechi claimed against the defendant Independent National Electoral Commission as follows:-

(1) A declaration that the option of changing or substituting a candidate whose name is already submitted to INEC by a political party is only available to political party and/or the Independent National Electoral Commission (INEC) under the Electoral Act 2006 only if the candidate is disqualified by a court order.

(2) A declaration that under the Electoral Act 2006, it is only a court of law by an order that can disqualify a duly nominated candidate of a political party whose name and particulars have been published in accordance with Section 32(1) of the Electoral Act 2006.

(3) A declaration that…

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