SENATOR DAHIRU BAKO GASSOL V. ALHAJI ABUBAKAR UMAR TUTARE & ORS.
(2013) JELR 35930 (SC)
Supreme Court
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SC.124/2012
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1 Mar 2013
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Nigeria
Coram
MAHMUD MOHAMMED JSC
MUHAMMAD SAIFUILAH MUNTAKA-COOMASSIE JSC
SULEIMAN GALADIMA JSC
SYLVESTER NWALI NGWUTA JSC
STANLEY SHENKO ALAGOA JSC
Appearances
Dr. Onyechi Ikpeazu OON, SAN with Iyke Ogbogu Esq., Prisca Ozoilesike Esq., Tochukwu Nweke Esq., Ifeyinwa Nwabueze Esq. and Mavis Ekwechi (Miss) For the Appellant.
Ibrahim Isiyaku, SAN with O. O. Ifijeh (Miss) for the 1st Respondent.
S. Oyawote Esq. with Frank Daniel for the 2nd Respondent.
Ibrahim K. Bawa Esq. with A. D. Auta Esq. and F. Amanzi for the 3rd Respondent.
Judgement
<p><strong>SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): </strong>This is an appeal against the decision of the Court of Appeal, Yola Judicial Division in Appeal No. CA/YL/31/2011 delivered on 13th September 2011, wherein the Court below affirmed the decision of the Federal High Court, Yola Division in Suit No. FHC/YL/CS/17/2011, delivered on 1st April, 2011.</p><p> This action was initiated vide an Originating Summons by the 1st Respondent herein at the said Federal High Court, Yola Judicial Division seeking the determination of the following questions:</p><p> "1. Is the Plaintiff (i.e the 1st Respondent) who was the Aspirant of the 1st Defendant (2nd Respondent) and the one that scored the highest number of votes cast at the special congress of the 1st Defendant (2nd Respondent held on the 7th and 8th of January, 2011 to select a candidate, to be sponsored by the 1st Defendant (2nd Respondent) to represent the Taraba Central Senatorial District in the election sponsored by the 1st Defendant (i.e. 2nd …</p>