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EMENIKE
V.
PDP & ORS.

(2011) JELR 46100 (CA)

Court of Appeal 2 Nov 2011 Nigeria
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Case Details

Suit Number:CA/A/145/2011
Judges:ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Counsel:Chief Emeka Ngige SAN and A. J. Owonikoko SAN with them are O. O. Nkume, F. Okonkwo, Dr. U. S. Ajala, I. Ekene, O. Obiajulu and F. Eku. For Appellant Chief Olusoja Oke for 1st and 2nd Respondents with him are O. AKUYIBO, B. U. OGBADU and S. G. IKUESANAhmed Raji with him is Adeola Adedipe for the 3rd Respondent. Dr. Livy Uzoukwu SAN for the 4th Respondent with him is Valentine Offia. For Respondent
Other Citations:(2012) 5 NWLR (Pt. 1294) 555, (2011) JELR 77785 (CA)

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court, Abuja delivered on the 28th day of February 2011.

Briefly the facts of the case are that the Appellant who was the Plaintiff of the trial Court instituted the suit which led to this appeal by way of originating summons where he sought for determination of five questions and also prayed for 11 reliefs.

The said questions for determination and the reliefs sought are hereby set out as follows:-

QUESTIONS FOR DETERMINATION

(1) Whether having regard to section 221, 222 and 223 of the Constitution of the Federal Republic of Nigeria 1999 and sections 85 and 86 of the Electoral Act 2010 (as amended) it is unlawful for the 1st Defendant to refuse to submit to the 3rd Defendant, the name of the plaintiff who was screened, cleared and duly elected by majority of lawful votes cast by accredited delegates at the primary election held by the Abia State Congress of Peoples…

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