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CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): This appeal emanates from the decision of the Court of Appeal Abuja Division presided over by their Lordships Tinuade Akomolafe-Wilson, Tani Yusuf Hassan and Joseph E. Ekanem, JCA, delivered on 5th day of February, 2016 wherein the lower Court affirmed the decision of the Federal High Court, which had earlier dismissed the Appellants case for being unmeritorious.
The Appellant and the 3rd Respondent along with eight other aspirants contested in the 1st Respondents primaries for nomination for the office of the Governor of Cross River State in the 2015 General Election. The 3rd Respondent won the primary election by scoring 752 votes, while the Appellant came second with 11 votes, two other contestants scored five votes each while the six scored no votes.
The appellant was dissatisfied with the outcome of the primaries aforesaid and hence filed an originating summons on the 29th January, 2015 (at the Federal High Court) suppo…