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BASSEY ALBERT AKPAN v. HON. BASSEY ETIM & ORS

(2017) JELR 37269 (CA)

Court of Appeal  •  CA/C/87/2017  •  30 Nov 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court sitting at Uyo, Akwa Ibom State in Suit No. FHC/UY/CS/1087/2015, delivered on the 27th day of February, 2017 by F. O. Riman, J.

The facts briefly are that the 2nd Respondent - Peoples Democratic Party (hereafter called PDP) is a registered Political Party in Nigeria. The Appellant who was the 3rd Defendant at the Lower Court and the 1st Respondent, who was the Plaintiff at the Lower Court, are members of the 2nd Respondent. On the 7th day of December, 2014, the 2nd Respondent (PDP) in readiness for the 2015 general Election in Nigeria decided to conduct her Primary Election at Uyo, Akwa Ibom State to elect a candidate for the Akwa Ibom North East Senatorial Seat. The Primary Election was conducted and the 2nd Respondent declared the Appellant Winner of that Election and forwarded the Appellants name to the 3rd Respondent (INEC) as its candidate for the Senatori…

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