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DR. ABDULLAHI BABA ABDUL v. CONGRESS FOR PROGRESSIVE CHANGE & ORS

(2013) JELR 34114 (SC)

Supreme Court  •  SC.311/2012  •  10 May 2013  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; SULEIMAN GALADIMA JSC; CLARA BATA OGUNBIYI JSC; STANLEY SHENKO ALAGOA JSC;

Judgement

SULEIMAN GALADIMA, JSC (Delivering the Leading Judgment): This is an appeal against the Judgment of the Court of Appeal, Abuja Division, dated the 28th June 2012 affirming the Judgment of the Federal High Court Lokoja, delivered on the 5th day of December 2011 dismissing the claim of the Appellant herein.

Being dissatisfied with the said Judgment of the Court of Appeal (the court below) the Appellant has further appealed to this Court by a Notice containing 4 grounds of Appeal dated the 21st day of July 2012 and filed on the 23rd of July, 2012.

Briefly, the relevant background facts of this case are that the Appellant, as Plaintiff in the Federal High Court Abuja Division, by way of originating summons against the Respondents who were the Defendants, filed an action that was later transferred to the Federal High Court Lokoja Division, seeking for the determination of the following questions:

"(1) Whether by the combined provision of Section 87(1) of the Electoral Act 2010 as amended …

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