WIKE & ANOR
V.
ICHENWO & ANOR

(1999) JELR 43895 (CA)

Court of Appeal · CA/PH/EP/145/99 · 15 Jul 1999 · Nigeria

CORAM

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

issues

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

ground

said election

local government

port harcourt

respondent

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

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

WIKE & ANOR V. ICHENWO & ANOR

WIKE & ANOR
V.
ICHENWO & ANOR