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HON. BAYO ADEGBOLA V. HON. GODWIN OSIYI & ORS

(2017) JELR 38034 (SC)

Supreme Court  •  SC.1005/2016  •  2 Jun 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; EJEMBI EKO JSC; SIDI DAUDA BAGE JSC;

Appearances
Ameh Anthony Prince, Esq. with him, Reuben Egwuaba, Esq. and G. Edoh, Esq. For Appellant Emeje Aruwa with him, Alex Audu, Esq. and E. A. Ekpa, Esq. for 1st Respondent. Sean Francis Kennedy Akaolisah, Esq. for 2nd Respondent.T. M. Inuwa, Esq. with him, Goni A. Ismail, Esq., Bashir M. Abubakar Esq.and I.D Mohammed for 3rd Respondent For Respondent

Judgement

MUSA DATTIJJO MUHAMMAD, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division, delivered on the 4th November, 2016 affirming the ruling of the Federal High Court sitting at Lokoja, dated 15th November 2015. The brief facts of the case that brought about the appeal are as herein under supplied.

The 2nd respondent's primary election for the nomination of its Ogori/Magongo Kogi State Constituency candidate in the 11th April, 2015 House of Assembly General Elections, eventually held on 11th December 2014. With the victory of the 1st respondent at the primary election, the 2nd respondent forwarded his name to the 3rd respondent, the Independent National Electoral commission, as the party's candidate in respect of the Ogori/Magongo State Constituency in the forthcoming House of Assembly General Election. Aggrieved by this turn of events, the appellant, by way of an originating summons at the Lokoja Division of the Federal High Co…

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