(2014) JELR 40079 (CA)    

Court of Appeal  ·  CA/E/127/2012 ·  14 Feb 2014 ·  Nigeria
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
learned trial judge
2nd defendant
lower court
election matter
fair hearing
issue of jurisdiction
imo state university
issue of jurisdiction suo motu
written address
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 …

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