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CHIME & ANOR
V.
ONWUEGBU & ORS.

(2013) JELR 35747 (SC)

Supreme Court 19 Jul 2013 Nigeria
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Case Details

Suit Number:SC.388/2012
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria BODE RHODES - VIVOUR Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria
Counsel:Chief (Mrs.) A. J. Offiah SAN leading Nduka Ikeyi, Tochukwu Maduka and Ifeanyi Ezeah For Appellant Dr. Alex Iziyon SAN leading F. O. Izinyon, L. O. Fagbemi and C. V. Adah (Miss) for the 1st and 2nd Respondent.Chief A. O. Ajana with O. Akuyibo for 3rd Respondent.Tobechukuu Nweke for 4th Respondent. For Respondent

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Lead Ruling): Following the conduct of the primaries by the 3rd Respondent to elect its candidates for the elective offices/positions for the 2011 General election which was held in Enugu, the Applicants emerged as the Governorship and Deputy Governorship candidates respectively of the 3rd Respondent. The 1st and 2nd Respondents together with 37 others who were also members of the Peoples Democratic Party felt aggrieved and took out a Writ of Summons against the 3rd and 4th respondents in the Federal High Court Abuja in Suit No.FHC/ABJ/CS/97/2011: ENGR ANAYO ONWUEGBU and 38 ORS v. PDP and ANOR. They claimed that they (namely 1st-35th Plaintiffs; were the persons entitled to have their names submitted by the 3rd Respondent to the 4th Respondent as the duly elected candidates to be sponsored by the 3rd Respondent for the various elective positions in the April, 2011 General Elections because they were the people who stood for the primary elec…

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