(2011) JELR 46040 (CA)    

Court of Appeal  ·  CA/C/91/2010 ·  13 Jul 2011 ·  Nigeria
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
1st respondent
learned counsel
2nd defendant
3rd defendant
lower court
3rd respondents
local government general elections
local government area
2nd respondent
learned trial judge
3rd defendants
affidavit evidence
public documents
akwa ibom state
civil service
record of appeal
public service
trial court
trial judge
circumstances of this case
local government elections
nomination of candidates
uncertified public documents
above issues
affidavit of the 2nd defendant
application of the 1st respondent
breach of the 2nd defendant
civil service job
documentary evidence of the parties
evidence of such nomination
file folder lge001
following questions
high court of akwa ibom state
judgment of the high court
letter of 17th august
oniong west onna
purported nomination of the 1st defendant
said guidelines requirements
see nwosu
statement of facts
various conflicts

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): In the High Court of Akwa Ibom State, Eket Judicial Division, the 1st Respondent as plaintiff commenced Suit No. HEK/55/2008 through the originating summons filed on 21st May 2008. The Appellant and the 2nd and 3rd Respondents were the 1st, 2nd and 3rd Defendants. The following questions were set for determination by the plaintiff:

"1. Whether having regard to the Guidelines for Local Government General Elections issued by the 3rd Defendant, the guidelines and requirements issued by the 2nd Defendant for nomination of candidates for Local Government Elections and all other relevant enactments made for that purpose, the 1st Defendant is qualified to stand nomination and election as a councilor in the Local Government General Elections.

2. Whether having regard to the said guidelines requirements and enactments, the 2nd Defendant can present the 1st Defendant as a candidate for election as a Councilor in the Local Governmen…

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