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HON. JOHN OLAWOLE FASHOGBON V. CHIEF ALBERT ABIODUN ADEOGUN ALHAJI ADEMOLA RASAQ PEOPLES DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2007) JELR 55224 (CA)

Court of Appeal  •  CA/A/81/M/07  •  19 Apr 2007  •  Nigeria

Coram
OLUFUNMILOLAO.ADEKEYE JCA (Presidedand Read the LeadRuling) ABDU ABOKI JCA CHIDI NWAOMA UWA JCA

Judgement

ADEKEYE JCA (Delivering the Lead Ruling): The appellant is the current representative of the Ife Federal Constituency under the platform of the Peoples Democratic Party (PDP) and sought nomination for the same positionin the April 2007general election.The appellant was nominated by consensus of party members and his name was forwarded to the 4th respondent (INEC) who screened and cleared him.

By a letter dated 6th December, 2006, the appellant was substituted by the 1st respondent and the substitution was communicated to the National Chairman of the 3rd respondent (P.D.P.) by a letter dated 20th December, 2006 by the 2nd respondent, Chairman, P.D.P., Osun State. Aggrieved by the decision and action of the 3rd respondent, the appellant initiated an action on 16/2/07 at the Federal High Court, Abuja against the respondents and sought the following reliefs: “1. Declaration that the 2nd defendant has no right and/or power to recommend the substitution of the plaintiff with the 1st defend…

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