CHINEDU
V.
INEC & ANOR

(2014) JELR 40079 (CA)

Court of Appeal · CA/E/127/2012 · 14 Feb 2014 · Nigeria

CORAM

ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

parties

learned trial judge

2nd defendant

lower court

issues

election matter

fair hearing

issue of jurisdiction

imo state university

issue of jurisdiction suo motu

written address

j.c.a

1st respondent

bsc degree certificate

circumstances of this case

false declaration

part of the 2nd respondent

said election

suo motu

supreme court

trial court

audi alteram partem rule

breach of the appellant

briefs of argument

b.s.c. degree certificate

civil rights

correct decision

court of appeal rules

court raise

decision of the federal high court

decision of the lower court

ebonyi state

house of representative general election

independent national electoral commission

inec form cf

judge raise

judicial service commission

lack of jurisdiction

miscarriage of justice

national assembly general election

order of court

paragraph affidavit

paras a. counsel

point of law

said originating summons

sole issue

virtue of an originating summons

ADZIRA GANA MSHELIA, J.C.A (Delivering the Leading Judgment): This is an appeal by the appellant who was plaintiff at the lower court, against the decision of the Federal High Court, Abakaliki delivered on the 25th day of January, 2012.

The Appellant initiated this action by virtue of an originating summons dated and filed on 25/5/2011, seeking the reliefs set out on the said originating summons, to wit:-

1. Declaration that the 2nd Defendant was not qualified to contest the April 9th 2011 National Assembly General Election for Ezza South/Ikwo Federal Constituency in Ebonyi State in that 2nd Defendant made a false declaration/information to Independent National Electoral Commission (INEC) by declaring in INEC Form CF 001 that he obtained a B.S.C. degree Certificate in 2006 from Imo State University which information is false.

2. A Declaration that 2nd Defendant did not graduate nor obtained a BSc degree Certificate from Imo State University in 2006, and that the purported BSC degree …

CHINEDU V. INEC & ANOR

CHINEDU
V.
INEC & ANOR