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PETER OBOH EGBODO V. ALL PROGRESSIVES CONGRESS & 2ORS

(2023) JELR 110731 (SC)

Supreme Court  •  SC.CV/190/2023  •  24 Feb 2023  •  Nigeria

Coram
Kudirat Motonmori Olatokunbo Kekere-Ekun Uwani Musa Abba Aji Mohammed Lawal Garba Ibrahim Mohammed Musa Saulawa Emmanuel Akomaye Agim

Appearances
J.J. USMAN, SAN with him, A.O.P. PHILIP, ESQ. S.T. MOMOH, ESQ. G.O. ELIAS, ESQ. and I.Q. ABBEY, ESQ.----For the Appellant(s) BABA DALA FIKA, ESQ. with him, MOHAMMED ILIYASU, ESQ. JOSIAH A. OJENYA, ESQ. and M.S. DAN'AZUMI, ESQ. for the 1st Respondent DR. OBINNA ONYA, ESQ. with him, A.A. AKAAHS, ESQ. NWAMAKA OFOEGBU, ESQ. and M.T. ANUNOBI, ESQ. for the 2nd Respondent J.G. TAIDI, ESQ. with him, ABDULHALIM AMIN, ESQ. and T.M. AMIASE, ESQ. for the 3rd Respondent---For the Respondent(s)

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Makurdi Division, delivered on 23rd January 2023 setting aside the judgment of the Federal High Court, Makurdi Division, delivered on 22nd November, 2022 on the ground that the appellant's suit before the trial Court was statute barred.

​The appellant's case is that he is a card carrying member of the 1st respondent, All Progressives Congress (APC). He was interested in contesting the House of Representatives seat for Obi/Oju Federal Constituency of Benue State in the up coming general elections. He purchased the Expression of Interest and Nomination Forms and fulfilled all other necessary requirements. He was duly screened and cleared to participate in the primary elections slated for 28th May 2022. It was his case that the party adopted the direct mode of conducting the election. That the election duly took place in all the 23 wards of Obi/Oj…

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