(2014) JELR 39980 (CA)    

Court of Appeal  ·  CA/E/433/2012 ·  3 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
trial court
electoral act
statement of claim
5th respondents
amended statement of claim
lack of jurisdiction
1st defendant
lower court
primary elections
rules of court
3rd plaintiffs
enugu state
said election
2nd defendant
3rd-5th respondents
extension of time
general elections
circumstances of this case
issue of jurisdiction
lado v. cpc
national assembly
order of declaration
said elections
5th defendants
arguments of counsel
following issues
national assembly elections
order of injunction
senate seat
such candidates
supreme court decision
application of the 3rd-5th respondents
briefs of argument
candidate of the 1st defendant
first defendant
holding of the trial court
joint statement of defence
learned trial judge
life issues
name of the 1st plaintiff
primary elections of 11th january
respective name
senatorial candidate of the pdp
suit no.fhc
witness statements

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 8th March 2011, the Appellants herein, as Plaintiffs, commenced suit No.FHC/EN/CS/73/2011 against the Respondents herein as Defendants, claiming for-

1. An Order of Declaration that the first plaintiff is the person and no other entitled to have respective name submitted by the first defendant to the second defendant as the Senatorial candidate of the PDP in Enugu West, Senatorial district in the 2011 general elections.

2. An Order of Injunction restraining, forbidding, precluding and/or prohibiting the 1st defendant from submitting any names other than the name of the 1st plaintiff for the said election and the 2nd defendant from recognizing, dealing with or acting on any list of names other than as stated above.

3. An Order of declaration that the 2nd and 3rd plaintiffs are the persons and no other entitled to have their names submitted by the 1st Defendant to the 2nd defendant as the candidates for the National…

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