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HON. ESEME EYIBO V. MR. DAN ABIA & ORS.

(2012) JELR 34697 (SC)

Supreme Court  •  SC.38/2012  •  6 Jul 2012  •  Nigeria

Coram
FRANCIS FEDODE TABAI JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; JOHN AFOLABI FABIYI JSC; BODE RHODES-VIVOUR JSC; OLUKAYODE ARIWOOLA JSC;

Appearances
Chief Wole Olanipekun, SAN, Paul Erokozo, SAN, A. Akeredolu (Mrs), Olugbenga Adeyemi, F. R. Onoja, Udeoyibo Kelechi, Lekan Lasaki, Aisha Ali, E. Ibe Gbunam, T. S. Adegbite, Samuel Abbah, Patrick Abang Okey Uzoho, M. C. Nneji, Nelson Uzoegbo, Barbara Amosun, Micheal Ajara, Patrick Abang, Swaben Audu, Eru Ekere, Synda Obaji and Joshua Alubo For Appellant L. O. Fagbemi, SAN., James Ocholi, SAN., A. O. Popoola, B. A. Oyun, Akeem Omoru, Yjide Olarinde (Miss) and G. A. Ashaolu for the 1st Respondent.Ahmed Raji, with him, Zekeri Garuba, Ozeigbe Omo-Eghareuba, Aishat Bajeh, and Oluwatoyin Durosaro for the 2nd Respondent.Chief Olusola Oke, O. K. Akinyibo and M. Kilani (Miss) for the 3rd Respondent For Respondent

Judgement

FRANCIS FEDODE TABAI, J.S.C. (Delivering the Leading Judgment): The action culminating in this appeal was commenced by way of an originating motion at the Abuja Judicial Division of the Federal High Court. It was dated and filed on the 11th of February, 2011. The Appellant herein was the Applicant at the trial High Court. The Respondents herein were also the Respondents therein. However, while the 1st Respondent herein was the 3rd Respondent at the trial High Court, the 2nd and 3rd Respondents herein were therein the 1st and 2nd Respondents respectively. Against the Respondents, the Applicant/Appellant claimed the following four reliefs:-

"1. AN ORDER setting aside the primaries purportedly held at Uyo Township stadium on 28th and 29th January, 2011 at which Mr. Dan Abia was purportedly elected as the candidate of the Peoples Democratic Party for election to office as Member of the House of Representatives representing Eket/Ibeno/Esit/Onna Federal Constituency for the 2011 general ele…

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