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ENGR. FRANK OKON DANIEL V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) PEOPLES’ DEMOCRATIC PARTY (PDP) GOVERNOR GODWILL AKPABIO

(2015) JELR 55277 (SC)

Supreme Court  •  SC. 757/2013  •  27 Mar 2015  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC (Presided) OLABODE RHODES-VIVOUR JSC (Read the Lead Judgment) MUSA DATTIJO MUHAMMAD JSC CLARA BATA OGUNBIYI JSC KUMAI BAYANG AKA’AHS JSC

Judgement

RHODES-VIVOUR JSC (Delivering the Lead Judgment): The 2011 gubernatorial elections in Nigeria were held on 26 April 2011. For this election the Peoples’ Democratic Party (PDP) held its primary election on 9 January 2011 to elect its governorship candidate for Akwa Ibom State. The appellant, the 3rd respondent and some other members of the PDP participated in the primaries. The primary election was marred by irregularities. Eventually the results were cancelled on 14 January 2011 andfresh primary elections were fixed for 15 January 2011. The primary election fixed for 15 January 2011 went ahead as planned. The 3rd respondent won. The appellant was not satisfied with the conduct of the primary election and so on 15 March 2011 he filed an originating summons at an Abuja Federal High Court, which was subsequently amended. The appellants amended originating summons filed on 10 November 2011 presented the following questions for determination:

Whether Dr. Okwesileze Nwodo, the former Chair…

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