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BASSEY V. PDP & ORS.

(2021) JELR 109252 (CA)

Court of Appeal  •  CA/C/88/2021(R)  •  30 Sep 2021  •  Nigeria

Coram
Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA

Appearances
Dr. Patrick Umoh For the Appellant; Ekemini Udim for the 2nd Respondent; A. J. Ankobi (HR of Angela Akpabio) for the 3rd Respondent.

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Lead Ruling): This appeal is against the decision of the High Court of Akwa Ibom State sitting in Uyo judicial Division delivered by Hon. Justice Aniekan E. Akpan on 15/02/2021 striking out the appellant’s suit for want of jurisdiction.

By an originating summons filed on 3/9/2020, the appellant as claimant prayed the lower Court for the determination of the following questions:-

1. Whether the 2nd defendant having not won the majority of lawful votes cast at the nomination, the 1st defendant can validly nominate the 2nd defendant as its flag bearer for the Councillorship seat in Afaha Ward 2, Essien Udim in the forthcoming Local Government Elections to be held in October, 2020.

2. Whether having recourse to the provisions of Constitution of the Federal Republic of Nigeria, Section 2(3) of the National Youth Service Corps Act, Laws of the Federation of Nigeria, 2004 Article 12 (f) of the National Youth Service Corp Bye-Laws Section 138 (1) (a…

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