APGA
V.
AJERO & ORS

(2017) JELR 40027 (CA)    

Court of Appeal  ·  CA/OW/233/2016 ·  25 Jul 2017 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
plaintiff
lower court
umuahia north state constituency
2nd defendant
1st defendant
judgment
electoral act
originating summons
name of the plaintiff
questions
3rd defendant
appeal
parties
partys primaries
1st respondent
4th defendants
candidate
judgment of the lower court
claims of the 1st respondent
favour of the 1st respondent
grounds of appeal
instant appeal
order
party officials
punitive damages
affidavits of the parties
apga primaries of 9th december
ayobode olujimi lokulo-sodipe
determination of the lower court
federal high court holden
following manner
instant action
leading judgment
mandatory order
only inevitable outcome
order of injunction
partys candidate
plaintiffs name
political party
processes of diverse descriptions
report of the inec officials
set aside
sole candidate
substitution of the plaintiffs name
trial judge
umuahia judicial division
various objections
various processes
way of originating summons
written address of plaintiffs counsel

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered 12/5/2016 by the Federal High Court holden in Umuahia Judicial Division presided over by Hon. Justice D.E. Osiagor (hereafter to be simply referred to as the lower Court and learned trial Judge respectively). The judgment of the lower Court was in favour of the 1st Respondent on record.

The 1st Respondent herein as Plaintiff before the lower Court commenced the instant action by way of Originating Summons filed on 31/12/2014. The originating summons was accompanied with affidavit setting out facts relied upon and to which many exhibits were attached and the written address of plaintiffs counsel. The claims of the 1st Respondent as contained in the originating summons are: -

1. A DECLARATION that the Plaintiff is the candidate validly nominated during the APGA primaries of 9th December, 2014 to represent the Umuahia North State Constituency in the forthcoming Abia Sta…

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