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ENGR. FRANK OKON DANIEL v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(2015) JELR 36721 (SC)

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

Coram
JOHN AFOLABI FABIYI JSC; OLABODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; KUMAI BAYANG AKA'AHS JSC;

Judgement

OLABODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): The 2011 Gubernatorial Elections in Nigeria were held on the 26th of April, 2011. For this election the Peoples Democratic Party (PDP) held its primary election on the 9th day of 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 the 14th day of January, 2011 and fresh primary elections were fixed for the 15th day January, 2011. The primary election fixed for 15th day of 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 the 15th day of March, 2011 he filed an originating summons at an Abuja Federal High Court, which was subsequently amended. The appellants Amended Originating Summons filed on the 10th of November, 2011 preseā€¦

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