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GENERAL MOHAMMED A. GARBA (RTD) v. MUSTAPHA SANI MOHAMMED & ORS

(2016) JELR 36864 (SC)

Supreme Court  •  SC.377/2015  •  24 Jun 2016  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; SULEIMAN GALADIMA JSC; CLARA BATA OGUNBIYI JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. ? (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 5/6/2015 setting aside the judgment of the Federal High Court, Minna Division delivered on 25/3/2015 for want of jurisdiction and for its failure to consider and determine the preliminary objection challenging its jurisdiction. The Court below transferred the suit to the Niger State High Court for reassignment to another Judge for speedy hearing and determination.

The facts that gave rise to this appeal are as follows:?

On 8th and 10th December 2014 the 2nd respondent, the All Progressives Congress (APC) conducted primary elections to select its candidate for the office of Senator representing Niger South Senatorial District in the general elections, which took place on 28/3/2014. The appellant, the 1st?respondent and two other candidates contested the said primaries. The 1st respondent was declared the winne…

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