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NWAOGU
V.
ATUMA & ORS

(2012) JELR 35172 (SC)

Supreme Court 1 Nov 2012 Nigeria
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- Applicants sought leave to be joined as 4th and 5th respondents in a Supreme Court appeal arising from the Abia Central Senatorial District election dispute, on the basis that the Court of Appeal's judgment, which disqualified the origina

Case Details

Suit Number:SC.10/2012 (R2)
Judges:MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAH MUNTAKA-COOMASIE Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Counsel:Chief Wole Olanipekun (SAN) with J. N. Egwuonwu, Olugbenga Adeyemi, Chris Kelechi Udeoyiobo, A. S. Akingbade, D. H. Bwala, U. M. Jawar, Aisha Ali (Miss), Olubuola Araromi (Mrs.), Dayo Adesina, Emeka Eze and Abraham Anyanwu For Appellant Chief Akin Olujimi (SAN) with Akinsola Olujimi, Ayodele Akinsanya Oluseyi Adetami and Ibukun Fasanmi - for the 1st Respondent/Cross-Appellant.Dr. Onyechi Ikpeazu (SAN) with Lynda Chuba Ikpeazu and Mavis Ekwechi - for the 2nd RespondentR. A. Lawal-Rabbana (SAN) Nnamdi Nwokocha Ahaaiwe, Nnedinma Harry (Mrs.), Wole Odeleye and T. Busari for the 3rd RespondentPaul Chibuike Ananaba (SAN) with Chief Theo Nkiri, Dr. Eze C. Ngwakwe, Nwala Chudie Oracle, Ogbonna Ogechi, Joel Nwachukwu and Samuel O. F. Iheonunekwu for interested parties to be joined in the appeal as Appellants A. I. Aderogba with H. A. Osigbemhe for the other parties seeking to join the appeal as Respondents. For Respondent

NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Lead Ruling): This is an application brought by the two applicants seeking the following reliefs:

"1. An order granting leave to the Applicants to be joined in this appeal as respondents.

2. An order joining the Applicants as the 4th and 5th Respondents in this appeal..."

The application "brought pursuant to section 22 of the Supreme Court Act, Order 2 R. 28 of the Supreme Court Rules (as amended in 1999) and under the inherent powers of this Honourable Court" is predicated upon the following grounds:

"1. The 2nd Applicant stood for election into the Senate of the Federal Republic of Nigeria on the platform of the 1st Applicant, Progressive Peoples Alliance (PPA) on the 9th April 2011 general election where he contested against the Appellant (candidate of the 3rd Respondent) amongst others.

2. The judgment of the Court of Appeal the subject of this appeal favours the Applicants, particularly the 2nd Applicant who stands to become Senator …

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