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CHIEF ADEBISI ADEGBUYI v. ALL PROGRESSIVE CONGRESS (APC) & ORS

(2014) JELR 36281 (SC)

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

Coram
JOHN AFOLABI FABIYI JSC; BODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; KUMAI BAYANG AKA'AHS JSC;

Judgement

JOHN AFOLABI FABIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division ('the court below' for short) delivered on 24th May, 2012. Therein, the decision of the Federal High Court, Abeokuta (trial court) delivered by Ajumogobia, J. on 1st day of 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 8th February, 2011. Thereat, he claimed that:-

(a) 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).

(b) That he (the plaintiff) was the only person qualified to be the candidate being the only aspirant that complied with the party guidelines.

(c) That the 2nd respondent was handpicked contrary …

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