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MUDIAGA-ERHUEH
V.
I.N.E.C.

(2002) JELR 51644 (CA)

Court of Appeal 7 Oct 2002 Nigeria
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- The 1st appellant, Madam Kate Mudiaga, contested the validity of a National Assembly (Senate) election for Delta Central Senatorial District, claiming she was the only duly nominated candidate as of the original election date (February 20

Case Details

Suit Number:CA/A/67/99
Judges:DAHIRU MUSDAPHER, JCA (Presided) ZAINAB ADAMU BULKACHUWA, JCA
Counsel:Mrs. G. A. Isei - for the Appellant. -*- G. G. Okoro - for the 4th Respondent/Applicant -*- J. C. Obiolor - for the 6th Respondent.

MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): In an originating notice of motion dated 8/3/999 and filed in the Federal High Court Abuja (hereinafter called the lower court), the plaintiffs/appellants claimed against the defendants/respondents as follows:- “(1) A declaration that pursuant to the provisions of the law and guidelines for Election into the office of the president and the National Assembly under which the elections to the Senate and House of Representatives Election were conducted on Saturday, February 20, 1999, the first plaintiff being the only accredited and duly nominated candidate up to the time of voting on Saturday February 20, 1999 should have been so declared. 2. An order declaring (or otherwise commanding the 1st to 3rd defend ants to declare) th e 1st p lain tif f RETURNED

UNOPPOSED at the said election.”

The 4th respondent filed a notice of preliminary objection and urged that court to strike out the suit on the following grounds: JURISDICTION

The moti…

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