(2008) JELR 49458 (CA)    

Court of Appeal  ·  CA/E/233/2005 ·  3 Jul 2008 ·  Nigeria
AMIRU SANUSI Justice of The Court of Appeal of Nigeria MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
grounds of appeal
trial court
default judgment
originating summons
issue of jurisdiction
condition precedent
brief of argument
federal high court
first time
notice of appeal
record of proceedings
anambra state
leave of the court
nigeria advance party
notice of preliminary objection
provisions of section
said election
1st defendant inec
1st respondent inec
2nd defendant
adjudication see madukolu
appeal court
candidate of the nigeria advance party
contents of its file
ex parte application
given suit
hearing of the appeal
honourable court of appeal
issue of address
judgment of federal high court
judgment of the lower court
jurisdiction of the federal high court of nigeria
leading judgment
leave of the lower court
political parties
preliminary objections
said default judgment
said notice of preliminary objection
subsequent adjourned date
such issues
undisclosed reason
view of the provisions of section

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Federal High Court, Enugu Division (Coram Alagoa J.) delivered on 27th May 2005, which granted all the reliefs sought by the applicant, now respondent against defendants, now appellants. The reliefs sought by the plaintiff which were granted by the lower court as per the Originating Summons are as follows:

"A. A declaration that neither the 1st defendant INEC nor the 2nd defendant the Resident Electoral Commissioner, Anambra State are vested with any power for the clearing/approval or revalidation of the candidature for the said election of Mr. lfeanyichukwu E. R. Okonkwo, the validly nominated candidate of the Nigeria Advance Party in purview of having complied with the provisions of Section 21 of the Electoral Act 2002 by the Plaintiffs.

B. A declaration that the delistment and exclusion of the names of Mr. lfeanyichukwu E. R. Okonkwo, and the Nigeria Advance Party his sponsor, the 1st …

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