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CHIEF ALBERT ABIODUN ADEOGUN ALHAJI ADEMOLA RASAQ (Chairman, Peoples’ Democratic party, Osun State) V. HON. JOHN O. FASOGBON PEOPLES’ DEMOCRATIC PARTY (P.D.P.) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2011) JELR 57290 (SC)

Supreme Court  •  SC. 363/2009  •  25 Mar 2011  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC (Presided) MAHMUD MOHAMMED JSC FRANCIS FEDODE TABAI JSC BODE RHODES-VIVOUR JSC

Judgement

CHUKWUMA-ENEH JSC (Delivering the Lead Judgment): This appeal is against the decision of the Court of Appeal, Abuja Division (lower court) delivered on 27 October 2009. Going by the decision, the appellant’s (now 1st respondent herein) appeal has been allowed. In the same breath the lowercourt has dismissed the cross-appeal brought by the 1st respondent.

(i.e. the appellants herein) and being dissatisfied with the decision they have filed the instant appeal to this court.

Without stating the facts indetail, the salient facts in the appeal crucial for resolvingthe immediate issues for determination as raised in this matter are as borne out in the body of this judgment. However, this is a pre-election matter in which the appellants (herein) and the 1st respondent (herein) are locked in a desperate struggle for the party’s (i.e. 2nd respondent herein) nomination and sponsorship as the candidate for the seat of Ife Federal Constituency in the NationalAssembly for the 2007 general election…

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