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NWALI
V.
EBSIEC & ORS

(2014) JELR 41089 (CA)

Court of Appeal 5 Sep 2014 Nigeria
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- The appellant challenged the open ballot system mandated by s. 5(1) of Ebonyi State Electoral (Amendment) and Other Related Matters Law No. 005 of 2010, alleging it violated his fundamental right to privacy under s. 37 of the 1999 Constit

Case Details

Suit Number:CA/E/510/2013
Judges:EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria MISITURA O. BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:Godwin Onwusi Esq. For Appellant Dr Ben O. Igwenyi, MON, Attorney-General of Ebonyi State, withP. M. Awada, Esq. Director of Civil Litigation, Ministry of Justice, Ebonyi State andI. M. Nwidagu Esq. SC Ministry of Justice Ebonyi State for the 1st, 2nd and 3rd Respondents Mrs. Nkiru Frank-Megwa for the 4th Respondents For Respondent

EMMANUEL AKOMAYE AGIM, JCA (Delivering the Leading Judgment): On the 28th August 2013, the appellant herein, as applicant by an originating motion on notice, commenced suit No. FHC/AI/CS/38/2013 in the Federal High Court at Abakaliki against the respondents herein, applying for the enforcement of his fundamental right to privacy and praying for the following reliefs:

A. A Declaration that the applicant and other voters in Ebonyi State are entitled to the privacy of who they vote for in an election as guaranteed by section 37 of the 1999 constitution of Nigeria (as altered).

B. A Declaration that the open ballot system of voting, that is queuing behind the candidate of your choice in the full glare of everybody constitutes a violation of the right of the applicant and other voters to the privacy of who they vote for in an election as guaranteed by section 37 of the 1999 constitution of Nigeria (as altered).

C. Declaration that section 5 (1) of Ebonyi State Electoral (Amendment) and Oth…

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