Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ONUOHA
V.
OKAFOR & ORS.

(1983) JELR 46437 (SC)    

Supreme Court  ·  SC.59/1983 ·  14 Oct 1983 ·  Nigeria
CORAM
AYO GABRIEL IRIKEFE JSC MOHAMMED BELLO JSC ANDREWS OTUTU OBASEKI JSC KAYODE ESO JSC ANTHONY NNAEMEZIE ANIAGOLU JSC AUGUSTINE NNAMANI JSC MUHAMMADU LAWAL UWAIS JSC

Ratio Decidendi

Core Terms Beta
political party
court
appeal
electoral act
federal court of appeal
federal electoral commission
3rd defendant
parties
political parties
elective office
nigerian peoples' party
general elections
declaratory judgment
issue of jurisdiction
name of hon. isidore obasi
nomination election
n.p.p. candidate
provisions of section
such candidate
appellant's appeal
basic rule
conclusion of the addresses of counsel
constitution of a political party
constitution of the federal republic of nigeria section
constitutions of these political parties
decision of the election petition panel
decision of the nigerian peoples
decision of the state working committee
dictum of lord herschell
endorsement of claim
executive committee
following declarations
high court of justice of imo state
leading judgment
learned trial chief judge
leave of the court
members of a political party
members of a political party claim
members of other political parties
members of political parties
nomination election results
owerri senatorial district n.p.p. candidature
party guidelines
party nomination elections petition panel
plaintiff claims
responsibility of each political party
said election
sponsorship of the n.p.p.
state working committee


OBASEKI, J.S.C. (Delivering the Leading Judgment): At the conclusion of the addresses of counsel (for the parties) to this Court in this appeal on the 15th day of August, 1983, I dismissed the plaintiff/appellant's appeal and I deferred my reasons till today. I now give my reasons.

Proceedings in this matter were commenced by the plaintiff in the High Court of Justice of Imo State at Owerri by a writ of summons bearing an endorsement of claim which reads as follows:

"The plaintiff claims against the defendants jointly as follows:
1. A declaration that the decision of the Nigerian Peoples' Party Nomination Elections Petition panel on Tuesday 19th April, 1983 nullifying the nomination election for the Owerri Senatorial Nigerian Peoples' Party candidature of 21st March, 1983 is null and void being contrary to natural justice, equity and good conscience.
2. A declaration that the nomination election results announced by the presiding officer for the nomination election for the Owerri Sen…
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