judy.legal
Login Register
📄 PDF

CHIEF UFIKAIRO MONDAY EFET V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

(2011) JELR 48185 (SC)

Supreme Court  •  SC.207/2009  •  28 Jan 2011  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC BODE RHODES-VIVOUR JSC

Appearances
Mamman Usuman, SAN with him: A.R. Fatunde, Aniofon Umosoh, Chris Male, A. H. Nwoko Ekpo Ekpo For the Appellant; H. M. Liman, with him: I. M. Dikko, Y. D. Dangana, T. N. Akoso and A. A. Abdullahi P. D. Abalaka, with him: Joe Abah, Deborah Akar and Joshua Ejiga For the Respondent.

Judgement

I. T. MUHAMMAD, J.S.C. (Delivering the Leading Judgment): By an originating summons dated the 24th day of April, 2007 and filed before the Federal High Court (trial court) holden in Abuja, the plaintiff applied to that court for the determination of the following questions:

1. Whether the purported letter of substitution of the plaintiff with the 3rd defendant issued by the 2nd defendant satisfies the requirement of section 34(1) and (2) of the Electoral Act, 2006.

2. If the answer to question 1 is in the negative, whether the 1st defendant properly substituted the plaintiff with the 3rd defendant having regards to the peculiar facts of this case.

The salient facts giving rise to the appeal as stated by the plaintiff in the affidavit in support of the originating summons are that he was nominated the Peoples Democratic Party candidate for the Ikot Abasi Eastern Obolo State Constituency for the April, 2007 General Elections in compliance with the Electoral Act 2006 and the PDP Guideli…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login