CASE TITLE: CHUKWURAH v. APC & ORS (2023) LPELR-59735(CA)
JUDGMENT DATE: 10TH FEBRUARY, 2023
PRACTICE AREA: ELECTORAL MATTERS
LEAD JUDGMENT: UGOCHUKWU ANTHONY OGAKWU, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on time for the disposal of a pre-election matter.
FACTS:
This is an appeal against the decision of the Federal High Court, sitting at Anambra State.
The matter is in respect of the primary election of the 1st Respondent for Oyi/Ayamelum Federal Constituency at the forthcoming general election, slated for 25th February, 2023. The 4th Respondent was declared winner and the Appellant challenged the declaration of the 4th Respondent on the basis that the 4th Respondent is in breach of constitutional provisions and requirements.
The 1st and 4th Respondents filed Counter Affidavits in opposition to the action and the 1st Respondent further filed a preliminary objection, challenging the jurisdiction of the Court to entertain the action on the ground that the action was statute barred.
In its judgment, which was delivered on 5th December 2022, the Court, proceeded to determine and uphold the preliminary objection. Dissatisfied. appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION:
The issue for determination before the Court was whether it had jurisdiction on the appeal.
DECISION/HELD:
In conclusion, the appeal was struck out.
RATIOS:
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