OKOROCHA
V.
PDP & ORS

(2014) JELR 40263 (SC)    

Supreme Court  ·  SC.445/2012 ·  24 Jan 2014 ·  Nigeria
 · 
Other Citations
Okorocha v. P.D.P. (2014) 7 NWLR (Pt. 1406) 213
CORAM
JOHN AFOLABI FABIYI 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 OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
court
1st respondent
lower court
grounds of appeal
court of appeal
preliminary objection
4th respondent
learned counsel
ground
interested party
senior counsel
judgment of the federal high court
notice of preliminary objection
record of appeal
further submission
3rd respondents
notice of appeal
suit no. fhc
3rd february
election petition tribunal
provision of section
5th respondents
judgment of the lower court
respondent leave
a.c.n. v. i.n.e.c.
appellants
application of the said counsel
briefs of argument
brief statement of facts
case of the appellant
constitutionality of the decision of the 4th respondent
exercise of the lower court
following given reasons
following terms
foregoing appeal
further state
general elections
grant of leave
lead counsel
leading judgment
post election matter
purpose of emphasis
respect of the appeal
ruling of the court of appeal
said appeal
said appeal no. ca
subject matter of the said suit

CLARA BATA OGUNBIYI, J.S.C (Delivering the Leading Judgment): This is an appeal against the Ruling of the Court of Appeal, Owerri judicial Division delivered on the 19th October, 2012 wherein the court granted the 1st Respondent leave to appeal against the judgment of the Federal High Court, Owerri in Suit No. FHC/OW/CS/133/2011 A.C.N. V. I.N.E.C. and Ors, delivered on 3rd February, 2012.

The judgment dismissed the suit filed by the 2nd and 3rd Respondents on the ground that the subject matter of the said suit was a post election matter. See pages 277 - 297 of the record of Appeal in evidence.

Dissatisfied with the judgment of the Federal High Court, the 2nd and 3rd Respondents lodged an appeal at the Court of Appeal, Owerri Judicial Division vide a Notice of Appeal dated 28th March, 2012 and filed on 30th March, 2012 - pages 323 - 332 of the record of appeal is also in evidence. The said appeal was subsequently given a number, CA/OW/101/2012.

The Briefs of argument were filed and exc…

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