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GODWIN IFEANYI ARARUME V. UCHENNA ONYEIWU UBAH & 3 ORS

(2021) JELR 109992 (SC)

Supreme Court  •  SC/971/2020  •  5 Feb 2021  •  Nigeria

Coram
AMINA ADAMU AUGIE, J.S.C. (Presided) UWANI MUSA ABBA AJI, J.S.C. SAMUEL CHUKWUDUMEBI OSEJI, J.S.C. TIJJANI ABUBAKAR, J.S.C. (Read the Leading Judgment) EMMANUEL AKOMAYE AGIM, J.S.C. (Dissented)

Judgement

ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Owerri Division delivered on the 4th day of December, 2020, setting aside the decision of the trial court.

At the trial court, the 1st defendant in this appeal as plaintiff took out originating summons against the defendants on the 4th day of September, 2020 wherein the plaintiff submitted the following questions:

1.Whether the 1st defendant is bound to accept the result of the senatorial primaries for the Imo North Senatorial District as declared by the Chairman of the Electoral Committee Senator Surajudeen Ajibola Basiru by virtue of the guideline for the said election made pursuant to the provisions of the Constitution of the All Progressive Congress.

2.Whether the 1st defendant having lawfully and successfully conducted the party primaries on the 3rdday of September, 2020 and which primaries produced Mr. Frank Ibezim, as the winner and candidate of the1st defendant for the …

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