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NWAGBARA & ORS
V.
INEC & ORS

(2023) JELR 110698 (CA)

Court of Appeal 11 Jan 2023 Nigeria
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Case Details

Suit Number:CA/OW/456/2022
Judges:Rita Nosakhare Pemu Oludotun Adebola Adefope-Okojie Ademola Samuel Bola
Counsel:Chukwuma- Machukwu Ume, SAN., with him, Ogbonna Emeka, Esq. G. A. Okereke, Esq. and Jerome T. Makang, Esq. for the Appellant(s) Bertha Ijeoma Amadi, Assistant Director INEC - for the 1st Respondent Dr. Livy Uzoukwu, SAN, with him, A.S. Kolawole, Esq. - for the 2nd and 3rd Respondents C. C. Elele, Esq. with him, C.O. Nwagu, Esq. Emeka Eze, Esq. and C. C. Nwogu, Esq. - for the 4th, 22nd, 23rd and 39th Respondents Isaac Anya, Esq. with him, T.I. Gillis, Esq. - for the 5th Respondent Dr. O. E. Ewere, Esq. - for the 10th Respondent Henry Balogun, Esq. with him, C. E. Zuaru, Esq. - for the 14th, 21st, 32nd, 36th and 38th Respondents Igwe Ogwo, Esq. - for the 15th, 16th, 17th and 25th Respondents U.O. Ukarimo, Esq. - for the 13th and 19th Respondents Chibuzor Aguocha, Esq. with him, E.O. Nwosu, Esq. - for the 24th, 26th, 27th, 28th, 30th, 31st and 35th Respondents Udochi Iheanacho, Esq. - for the 29th Respondent A.C. Okoroafor, Esq. with him, Chioma Ejindu, Esq. and Dike Chinomo Stanley, Esq. - for 32nd Respondent Professor A.C. B. Agbazuere, Esq. - for 34th Respondent A.C. Nnakwe, Esq. - for 37th Respondent

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court sitting at Umuahia, Abia State, delivered on the 4th of November, 2022 in Suit No: FHC/UM/CS/62/2022, in which the Appellants were pronounced as lacking the relevant locus standi to institute the suit, the subject matter of this appeal. the Appellant suit was consequently dismissed in limine. Pages 1816 - 1837 of the Record of Appeal

FACTS LEADING TO THIS APPEAL

The 2nd Respondent – Peoples Democratic Party had notified the 1st Respondent – INDEPENDENT NATIONAL ELECTORAL COMMISSION of its intention to elect three (3) Ward Ad-hoc Delegates at a special Ward Congress across all the 184 Wards of Abia State. This, in preparation for the nomination of its candidates into the various elective offices in the 2023 General Election in Abia State.

It is the Appellants' case that the 2nd Respondent acted contrary to the Provisions of Section 82 of the Electoral Act 2022.

Th…

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