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DR. UMAR ARDO & ANOR V. ADMIRAL MURTALA NYAKO & ORS

(2013) JELR 35707 (CA)

Court of Appeal  •  CA/YL/15/2012 (CONSOLIDATED)  •  26 Feb 2013  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; IGNATIUS IGWE AGUBE JCA; ABUBAKAR ALKALI ABBA JCA;

Appearances
Ayo Akam Esq. - Cross-Appellant/Applicant For Appellant S. O. Imhanobe Esq. - 1st Cross-RespondentMark Chukwu Esq. - 3rd Respondent For Respondent

Judgement
<p>IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): These Appeal and Cross-Appeal are fall-outs of the Gubernatorial Primary Election of the Peoples Democratic Party (P.D.P) conducted in Adamawa State on the 24th day of October, 2011 wherein the 1st Respondent/Cross-Appellant was nominated the flag bearer of the Party for the 2012 Gubernatorial Election in Adamawa State, of which he was subsequently declared and returned winner. The Petition to the Election Tribunal and subsequent appeals to this Court and the Supreme Court against his declaration and return had since been determined in favour of the 1st Respondent/Cross-Appellant, yet the dispute arising from the conduct of that Primary is still haunting the members of the 2nd Respondent/Cross-Respondent and the State in general.</p><p> The facts leading to the main Appeal which I shall herein consider first are that the Appellant who claimed to be a bonafide member of the Peoples Democratic Party (2nd Respondent/Cross-Respondent…</p>

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