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HON. EMMANUEL BWACHA V. HON. JOEL DANLAMI IKENYA & ORS.|

(2011) JELR 42643 (SC)

Supreme Court  •  SC.39/2010  •  28 Jan 2011  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; MAHMUD MOHAMMED JSC; CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC; JOHN AFOLABI FABIYI JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Appearances
DR. A. A. Izinyon SAN with P. M. Ayam and Hannatu Abdurrahman (Mrs.) For Appellant M. A. Musa with l. E. Markus, D. N. Ugwu (Miss) and Deji Morokinyo2nd Respondent absent and not represented but duly served.Chief Olusola Oke with Chief I. O. Ajana Mureen Onyukwe (Miss) and U. Ezeta For Respondent

Judgement

MAHMUD MOHAMMED, J.S.C.: (Delivering the Leading Judgment): The 1st Respondent in this appeal was the Plaintiff at the Federal High Court Kaduna where he filed his action against the Appellant and the 2nd and 3rd Respondents as Defendants in an Originating Summons posing the following questions for determinations.

"1. Whether in view of Section 34 of the Electoral Act, 2006 which requires political parties wishing to substitute candidates to give 'cogent and verifiable' reasons, the 2nd Defendant can substitute the Plaintiff's name as a Senatorial candidate for no reason at all.

2. Whether in view of the judgment of the Federal High Court, Abuja dated the 27th March, 2007, wherein the Economic and Financial Crimes Commission's list of 'corrupt' candidate and the Report of the Administrative Panel of Inquiry otherwise called the Ayua Panel were quashed, the 2nd Defendant can rely on the list and Report to substitute the Plaintiff's name with that of the 3rd Defendant."

The Plaintiff/1s…

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