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NNAIKE
V.
A G ENUGU STATE & ORS

(2017) JELR 34266 (CA)

Court of Appeal 4 Dec 2017 Nigeria
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Case Details

Suit Number:CA/E/180/2016
Judges:HELEN MORONKEJI OGUNWUMIJU JCA IGNATIUS IGWE AGUBE JCA MISITURA OMODERE BOLAJI-YUSUFF JCA
Counsel:C.D. Ogbe with him, D.O. Odumosu For the Appellant; Chief M.E. Eze (Attorney General, Enugu State) for the 1st & 3rd Respondents; G. Ofodile-Okafor, SAN with him, C.D. Okoro for the 2nd Respondent.

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Enugu State delivered by Hon. Justice R. N. Onuorah on 18/1/2016.

The Appellant is a member of the African Peoples Party (APA). In 2015, he was 28 years old and wanted to contest for the chairmanship position of Ezeagu East Local Government Council of Enugu State. The Enugu State Local Government Law stipulates a minimum age of 30years for eligible candidates to contest in the election and also make a financial deposit to the 2nd Respondent.

The Appellant approached the lower Court and claimed via an Originating Summons the following reliefs:-

"1. A declaration that Sections 152(1)(f) and (g) of the Enugu State Local Government Law, 2004 is inconsistent with Article 13(1) of the African Charter on Human and Peoples Right Act, Cap. A9 Vol.1 Laws of the Federation 2004.
2. A declaration that the provisions of Sections 8(b) and 21(b) of the Enugu State Lo…

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