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IN RE: APEH & ORS
V.
PDP & ORS

(2017) JELR 40745 (SC)

Supreme Court 10 Feb 2017 Nigeria
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- The applicants, Ejiofor Apeh, Ude Celestine, and Ossai Moses, who were not named parties at trial or appeal, sought leave of the Supreme Court to substitute themselves for the original representatives (Barrister Orji Chinenye Godwin, Chie

Case Details

Suit Number:SC.428/2015(R2)
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria
Counsel:Yusuf Ali, SAN with him, Adebayo Adelodun (SAN), S.A. Oke, Esq., K.C. Onyeke,Esq., Alex Akoja, Esq., K.T. Sulaiman-Hassan (Mrs), Patricia Ikpeabu (Mrs ), K.O Lawal, Esq., M.A Adelodun, Safinat Lamidi (Miss ), A.O. Usman, Esq., A.B Eleburuike, Esq., C.N Akuneto, Esq. and C.C lbezim (Miss ) For Appellant Dr O. Ikpeazu, SAN with him; R. A. Anyata, Esq., J. Nwadawa (Miss ), Tobechukwu Nweke, Esq., Obinna Onya, Esq., Julius Mba, Esq., Chidinma Anawata (Mrs ), A.A Aka'ahs, Esq.,Okogbule Anyawata, Esq., Nwamaka Ofeogbu (Miss.) for the 1st - 4th Respondents.Chief W. Olanipekun, SAN with him, Professor Agu Gab Agu, Christian C. Ani, Aisha Aliyu, Bolarinwa Awujoola, Vanessa Onyemauwa and Adebayo Majekolagbe for the 2nd Respondents.T.M. Inuwa with him, Rahmatu Aminu and Ahmed G. Ismail for the 5th Respondent For Respondent

IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Lead Ruling): This is a Motion on Notice brought pursuant to Section 6(6) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended): Order 2 Rules 28 (1) and (2) and Order 3 Rule 15 of this Court's Rules, 2009 (as amended).

The reliefs set out in this motion on Notice are as follows:-

1. ''AN ORDER granting Leave to substitute the names of EJIOFOR APEH, UDE CELESTINE and OSSAI MOSES for the names of BAR. ORJI CHINENYE GODWIN, CHIEF C.C AKALUSI AND CHIEF ORJI C .ORJI who were the 1st - 3rd respondents at the lower Court with the names of the present applicants.

2. AN ORDER granting leave to the applicants to present, maintain and or prosecute this appeal in a representative capacity that is: for themselves and other delegates elected at the 1st November, 2014 Ward Congress Election of Peoples Democratic Party (PDP) held in Enugu State and who had given letter of authority by subscribing their names and signatures on Exhibit 1 …

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