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CHIEF ADEBISI ADEGBUYI V. ALL PROGRESSIVE CONGRESS (APC) (Substituted for the defunct Action Congress of Nigeria by order of Court dated 5 May 2014) ALHAJI SEFIU ADEGBENGA KAKA INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2014) JELR 57710 (SC)

Supreme Court  •  SC. 257/2012  •  19 Dec 2014  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC (Presided and Read the Lead Judgment) BODE RHODES-VIVOUR JSC MUSA DATTIJO MUHAMMAD JSC CLARA BATA OGUNBIYI JSC KUMAI BAYANG AKA’AHS JSC

Judgement

FABIYI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division (‘the court below’ for short) delivered on 24 May 2012. Therein, the decision of the Federal High Court, Abeokuta (trial court) delivered by Ajumogobia, J on 1 April 2011 was affirmed. The appellant has decided to further appeal to this court.

It is apt to state briefly the salient facts of this matter. The appellant as plaintiff at the trial court instituted his action against the respondents , as defendants, by way of originating summons on 8 February 2011. Thereat, A he claimed that:- The 1st respondent did not conduct a primary election in the Senatorial District in accordance with section 87 of the Electoral Act, 2010 (as amended).

That he (the plaintiff) was the only person qualified to be the candidate, being the only aspirant that complied with the party guidelines. That the 2nd respondent was handpicked contrary to statutory provisions.

Sequel to the above,…

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