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APC & ORS

(2023) JELR 112976 (CA)

Court of Appeal 23 Feb 2023 Nigeria
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- This case involves an appeal from the judgment of the Federal High Court, Abuja, where the appellant's case was dismissed due to a lack of certified true copies of documents. - The appellant sought declaratory reliefs regarding the replac

Case Details

Suit Number:CA/ABJ/CV /62/2023
Judges:PETER OLABISI IGE, JCA ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, JCA MUHAMMED MUSTAPHA, JCA
Counsel:Mr. D. O. Ogebe for Appellant Mr. A. I. lhejirika with Mr. Ahmad Abdulhaman for 1st Respondent. Mr. C. O. Ogbu with Mr. N. U. Usman for 2nd Respondent. Mr. Christopher Okeke with Mr. A. K. Musa for 3rd Respondent.
Location:Abuja

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, JCA (Delivering the Leading Judgment): This appeal emanated from the judgment of the Federal High Court, Abuja delivered by Hon. Justice Emeka Nwite on January 10th 2023, wherein the case of the Appellant (the Plaintiff at the Court below) was dismissed on the ground that there were no certified true copies of documents to establish his case.

The Appellant following certain questions posed for determination sought the following declaratory reliefs at the Court below vide an Originating Summons:

  1. A DECLARATION that the combined reading of Section 29(1) 31, 33, 84(1), (2)4(b) and (c) of the Electoral Act, 2022 and Articles 20.3(e), 20.4 (i), (ii) (e), (iii) & (iv) of the APC Constitution, the party cannot validly replace the candidate that emerged from its primary election validly conducted in compliance with the Electoral Act, the Constitution of the APC and the clear provisions of the party's Guidelines for the nomination of candidates for the 2023 g…

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