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SENATOR UMARU DAHIRU & ANOR v. ALL PROGESSIVES CONGRESS & ORS

(2016) JELR 33259 (SC)

Supreme Court  •  SC.67/2016  •  9 Dec 2016  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MUSA DATIJJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

MUSA DATTIJO MUHAMMAD, JSC (Delivering the Leading Judgment): The appellants, as plaintiffs at the Federal High Court sitting at Abuja, hereinafter referred to as the trial Court, took out an originating Summons against the defendants, the respondents herein, challenging the primary election that led to the nomination and sponsorship of the 3rd respondent by the 1st respondent to contest the Sokoto State Gubernatorial election held on the 11th April 2015.

The respondents challenged the jurisdiction of the trial Court to proceed primarily because the 2nd respondents conduct of the Sokoto State Gubernatorial election and return of the 3rd respondent as the winner thereof had rendered appellants' action academic and worthless.

In a well considered decision dated 26th May 2015, the trial Court overruled the preliminary objections severally raised by the respondents and concluded that it has jurisdiction to hear and determine appellants cause of action.

Dissatisfied with the ruling, the respo…

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