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MR. ADEMOLA ADEGOROYE DR. OLUSEGUN MIMIKO DR. AKERELE ADU ARC. OLUSOLA AGBESUA V. ALLIANCE FOR DEMOCRACY ALHAJI A. A. ABDULKADIR (CHAIRMAN A. D.) INDEPENDENT NATIONAL ELECTORAL COMMISSION CHIEF ADEBAYO ADEFARATI

(2003) JELR 55616 (CA)

Court of Appeal  •  CA/A/22/M/2003  •  4 Jun 2003  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE, JCA (Presided) IBRAHIM TANKO MUHAMMAD, JCA ALBERT GBADEBO ODUYEMI, JCA (Read the Lead Judgment)

Judgement

ODUYEMI, JCA (Delivering the Lead Judgment): In the High Court of the Federal Capital Territory, Abuja, the appellants as plaintiffs took out a writ of summons against the 1st - 3rd respondents, as defendants, seeking the following declaratory and injunctive reliefs: “1. A declaration that the plaintiffs are fit and proper persons to contest for the 2003 gubernatorial election in Ondo State. 2. A declaration that the purported decision of the 1st and 2nd defendants to exclude of (sic) the plaintiffs from the gubernatorial primaries without screening them is a gross violation of the 1st defendant’s regulations and guidelines for the conduct of party primaries made pursuant to its constitution, A and therefore unlawful, unconstitutional, null and void. A declaration that failure by the 1st defendant to screen the plaintiff before excluding them from primary election is a gross violation of the 1st defendant’s regulation and guidelines for the conduct of party primaries made pursuant to …

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