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APC v. PDP & ORS

(2021) JELR 109316 (CA)

Court of Appeal  •  CA/LAG/CV/1098/2020  •  15 Jan 2021  •  Nigeria

Coram
Obande Festus Ogbuinya, JCA Obietonbara O. Daniel-Kalio, JCA Onyekachi Aja Otisi, JCA

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This appeal was lodged against part of the Ruling of the Federal High Court, Lagos Division, Coram: Obiozor J. in Suit No. FHC/L/CS/1361/2020, delivered on November 16, 2020, in which the trial Court struck out the motion on notice for amendment filed on behalf of the 1st and 2nd Respondents, same having been withdrawn by their Counsel.

​The facts leading to the instant interlocutory appeal may be summarized in this manner:

The 3rd Respondent scheduled a bye-election to fill the vacancy in the seat of a deceased Senator representing the Lagos East Senatorial District in the National Assembly of the Federal Republic of Nigeria. Political parties were invited to conduct primaries for this purpose. After their respective primary elections, 4th Respondent emerged the candidate of the Appellant, while the 2nd Respondent emerged the candidate of the 1st Respondent. By Originating Summons, the 1st and 2nd Respondents commenced an …

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