CHIEF S. O ADEDAYO & ORS. V. PEOPLES DEMOCRATIC PARTY & ORS.
(2013) JELR 35944 (SC)
Supreme Court
•
SC.261/2012
•
12 Apr 2013
•
Nigeria
Coram
WALTER SAMUEL NKANU ONNOGHEN JSC;
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;
SULEIMAN GALADIMA JSC;
NWALI SYLVESTER NGWUTA JSC;
MARY UKAEGO PETER-ODILI JSC;
MUSA DATTIJO MUHAMMAD JSC;
CLARA BATA OGUNBIYI JSC;
Appearances
Salman Jawondo Esq. for the appellants with him are Messrss Saka R. Ayodeji and Idris A. Abdullahi For Appellant
A. A. Ibrahim Esq. for the 1st and 2nd respondents with him A. M. Lawal Esq. B. R. Gold Esq. for the 3rd respondent with him T. A. Hammed Esq. For Respondent
Judgement
<p>WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Ilorin in appeal No.CA/IL/31/2011 delivered on 5th March, 2012 in which the court dismissed the appeal of the appellants against the judgment of the Federal High Court, Abuja Division, Holden at Ilorin in suit Nos.FHC/ABJ/CS/71/2011 and FHC/IL/CS/11/2011 delivered on 7th April, 2011 in which the court dismissed the claims of appellants, then plaintiffs.</p><p> By an originating summons filed at the trial court on 18th February, 2011, to be found at pages 14 to 16 of the record, the appellants sought the determination of the following questions:</p><p> "(i) Whether or not in view of the provision of Articles 12.(1); 12.36 and 14.1 of the Constitution of the Peoples Democratic Party (PDP) of 1st defendant, on the election and tenure of office of party officers and letter dated 14th January, 2002 from the then National Chairman of the 1st defendant to then KwâŚ</p>