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DAMIAN ABDUL ADEJOH V. HON. GABRIEL YUNISA OLOFU & ORS

(2014) JELR 40202 (CA)

Court of Appeal  •  CA/A/490/2012  •  31 Jan 2014  •  Nigeria

Coram
AMIRU SANUSI JCA; JOSEPH TINE TUR JCA; MOORE A. A. ADUMEIN JCA;

Appearances
E. A. Haruna, Esq. with I.E. Ekpa, Esq.; Shedrack Ekpa, Esq.; K. A. Agada, Esq. and Gabriel Ogbe, Esq. For Appellant P. A. Akubo, SAN, with J. K Ejiga, Esq. and Onuh Daniel, Esq. - For the 1st Respondent.A. M. Okwori, Esq. - For the 2nd Respondent. Zagana S. Gbaje, SLO (for INEC). - 3rd Respondent. For Respondent

Judgement

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): The appellant and the 1st respondent are members of the Peoples Democratic Party in Olamaboro Local Government Area of Kogi State. The Party conducted primaries on 4th January, 2011 to elect a candidate who would subsequently contest the April, 2011 election into Olamaboro Constituency into the Kogi State House of Assembly. Though conducted within the time stipulated by the Independent National Electoral Commission the primaries it would appear were marred by irregularities/violence followed by complaints/protests hence a re-run was ordered by the Party hierarchy which took place on 29th January, 2011.

The 1st respondent contended that his name should have been forwarded by the Party to the Commission based on the primaries held on 4th January, 2011 where he had 302 votes while the appellant scored only 6 (six) votes. That the purported re-run primaries of 29th January, 2011 should be declared invalid having been conducted aft…

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