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OHWAVBORUA & ORS
V.
PDP & ORS

(2013) JELR 35715 (CA)

Court of Appeal 12 Jul 2013 Nigeria
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- The appellants challenged the nomination of the 3rd respondent as the candidate of the 1st respondent for the 2011 General Election. - The main issue raised by the 1st respondent is whether the lower court lacked jurisdiction to hear the

Case Details

Suit Number:CA/B/81/2012
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Counsel:J.O. ODION, A.A. OLOYEDE (MISS) For Appellant AMEH IGBOCHI for 1st RespondentMRS. B.D. EKPUDA for 3rd Respondent For Respondent

SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the Judgment of Hon Justice Buba of the Federal High Court sitting at Asaba, which was delivered on the 2nd of November 2011. In the said Judgment, the learned trial Judge dismissed the Appellants' Originating Summons, wherein it had challenged the nomination of the 3rd Respondent as the candidate of the 1st Respondent for the 2011 General Election into the Ethiope Federal Constituency of Delta State.

The Appellants commenced this action vide an Amended Originating Summons filed on the 14th day of June 2011. The Appellants formulated five (5) issues before the lower court for its determination and thereafter sought for the grant of five (5) reliefs. The questions formulated for determination and the reliefs sought are as follows:

(1) Whether having regards to the extant provisions of the Electoral Act 2010 and the 1st Defendant's Electoral Guideline 2010, it is not mandatory for the 1st Defendant to ho…

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