(2018) JELR 38687 (SC)    

Supreme Court  ·  SC.292/2017 (CONSOLIDATED) ·  20 Jul 2018 ·  Nigeria
Other Citations
Ozomgbachi v. Amadi (2018) 17 NWLR (Pt. 1647) 171
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The two appeals have a common source. Their fountain head was the suit No.FHC/ABJ/CS/1026/2014 brought on the originating summons by the Appellant herein against the three Respondents (as defendants) in each of the two appeals. It is therefore right that the two appeals be taken together, especially as the issues for determination in the two appeals are almost identical.

The Appellant, as the plaintiff, sought the Federal High Court to determine the following three(3) questions and sought nine (9) reliefs, namely:


a. Having regard to the Subsisting judgment of the Federal High Court in suit No.FHC/ABJ/CS/816/2014 BARR. ORJI CHINENYE GODWIN and ORS v. PEOPLES DEMOCRATIC PARTY and 4 ORS, the Ward Congress held by the 2nd Defendant in Udi and Ezeagu LGAs in Enugu State remain the only valid and authentic Ward Congress for the purpose of conducting Primary Election for the selection/nomination of the PDP cand…

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