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SENATOR EFFIONG BOB V. CHIEF IMEH ALBERT AKPAN & ORS

(2009) JELR 47271 (CA)

Court of Appeal  •  CA/A/97/07  •  30 Mar 2009  •  Nigeria

Coram
RABIU DANLADI MUHAMMAD (OFR) JCA; JIMI OLUKAYODE BADA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Appearances
Chief Assam E. Assam (SAN) (with him, Iniabasi Udobang and Miss. Patience Obim) For Appellant Chief Wole Olanipekun (SAN) (with him are, Solomon E. Umoh, M. Udeme, J. O. Demide, C. Wash Pam, Kabiru Akingbolu, O. T. Akinyemi (Miss), I. N. Nwosu, and K. N. Azie) - for the 1st RespondentDr. Alex Izinyon (SAN) (with him are, B. K. Abu, Oladele Gbadeyan, P. M. Ayam, F. O. Izinyon, Kenneth Omoruam, Itannatu Abdurrahman (Mrs.), Ejoui Oghojafor, and Miss. Ngozi Bon-Nwakama) - for 2nd Respondent/Cross-AppellantWole Adebayo with Patience Osagiede and Chuka Ugwu - for the 3rd and 4th Respondents/Cross-AppellantsMike Ozekhome with E. C. Dim and Garuba Ibrahim - for the 5th Respondent/Cross-Appellant For Respondent

Judgement

AYOBODE O. LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The 1st and 2nd Respondents (as 1st and 2nd Plaintiffs) commenced in the Federal High Court an action by Originating Summons against (i) Independent National Electoral Commission; (ii) Prof. Maurice Iwu; and (iii) Senator Effiong Bob. The questions posed for the determination of the Federal High Court (hereinafter simply referred to as "the lower court") are as follows: -

"1. Whether having regard to the clear provisions of Sections 65 and 66 of the Constitution of the Federal Republic of Nigeria, 1999 the 1st plaintiff is qualified to contest election into the Senate of the Federal Republic of Nigeria.

2. Whether as a member of the Peoples Democratic Party and having contested the primaries of the said Party seeking nomination as the Party's candidate for the April, 2007 General Elections in respect of Akwa Ibom North East Senatorial District, and having polled over 60% of the total votes cast at the said primaries w…

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