(1999) JELR 43895 (CA)    

Court of Appeal  ·  CA/PH/EP/145/99 ·  15 Jul 1999 ·  Nigeria
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
federal high court
unanimous decision of the court of appeal
jurisdiction of the federal high court
learned trial judge
local government area of rivers state
particulars of claim
appeal no. ca
3rd appellants
reason of the election
issue of jurisdiction
following cases
subject matter of the claim
grounds of appeal
1st respondent
circumstances of the present case
local government council of rivers state
2nd defendants
operation of law
learned counsel
ezenwo nyesom wike
suit subject matter of this appeal
trial judge
ruling of the trial judge
leading judgment
second issue
rules of court
trial court
chairman of the obio
decree no.36
learned judge
major issue
mumai bayang akaahs
2nd issue
3rd defendants
main argument
akpor local government council chairman
only additional ground of appeal
judgment of the court of appeal no.ca
question of jurisdiction
said election
local government
port harcourt
bye-election of whatever type
available facts
local government election
court of appeal
appellate jurisdiction

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): By a writ of summons, dated 6th day of May, 1999 and filed on the same date, the Respondent' as Plaintiff, claimed in his particulars of claim as follows before the Federal High Court, holden at Port Harcourt:

"(a) A declaration that the Plaintiff's the duly elected chairman of the Obio/Akpor local Government Area of Rivers State by reason of the election on 5th December, 1998 and which said election was confirmed by a unanimous decision of the Court of Appeal in Appeal No. CA/PH/EP/66/99 delivered on 17th March, 1999.

(b) Against both 1st and 2nd Defendants, an order that no bye-election of whatever type should hold in the Obio/Akpo, Local Government Council of Rivers State until the expiration of the tenure of the plaintiff or by operation of law

(c) Against the 2nd and 3rd Defendants an Order that the 2nd Defendant.

Ezenwo Nyesom Wike, should not parade himself as the candidate of the P.D.P. (3rd Defendant) as the Plain…

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