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FEDERAL ELECTORAL COMMISSION v. ALHAJI MOHAMMED GONI & Anor

(1983) JELR 42083 (SC)

Supreme Court  •  SC.54/1983  •  14 Oct 1983  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC; AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC;

Judgement

ANIAGOLU, J.S.C. (Delivering the Leading Judgment): On 3rd August 1983, this Court dismissed the above appeal, with no order as to costs, and reserved the reasons for the judgment to be delivered on a later date to be notified to the parties. The notification fixed the date at 14th October, 1983. I now give my reasons for the said dismissal of the appeal.

The case, the facts of which arose from Borno State, was commenced by originating summons, filed in the High Court of Lagos and which reads:

"Originating Summons

LET the Federal Electoral Commission of Onikan, Lagos within Eight days after service of this summons on it, inclusive of the day of such service cause an appearance to be entered for it to this Summons which is issued on the application of Alhaji Mohammed Goni of Government House, Maiduguri and the Unity Party of Nigeria of 8 Eletu Odibo Street, Abule-Ijesha, Lagos, who claim for determination the following questions -

(a) Whether the determination of the qualification of a…

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