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SENATOR DAHIRU BAKO GASSOL v. ALHAJI ABUBAKAR UMAR TUTARE & ORS.

(2013) JELR 35930 (SC)

Supreme Court  •  SC.124/2012  •  1 Mar 2013  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; MUHAMMAD SAIFUILAH MUNTAKA-COOMASSIE JSC; SULEIMAN GALADIMA JSC; SYLVESTER NWALI NGWUTA JSC; STANLEY SHENKO ALAGOA JSC;

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): 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.

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:

"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 …

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