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HON. MATHEW KOLAWOLE V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ALL PROGRESSIVES CONGRESS (APC)

(2022) JELR 111482 (CA)

Court of Appeal  •  APPEAL NO: CA/ABJ/CV/1000/2022  •  11 Nov 2022  •  Nigeria

Coram
HARUNA SIMON TSAMMANI, JCA UGOCHUKWU ANTHONY OGAKWU, JCA DANLAMI ZAMA SENCHI, JCA

Appearances
Abdulwahab Muhammed, SAN with S. A. Abbas; Esq and A. M. Adoji; Esq for the Appellant; I, S. Mohammed; Esq for the 1st Respondent. Ahmed Raji, SAN and J. J. Usman, SAN with Funsho Boluroni, Esq and Zekeri Garuba, Esq for the 2nd Respondent.

Judgement

HARUNA SIMON TSAMMANI, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court of Nigeria, Lokoja Division delivered by Peter H. Malong, J on the 8th day of September, 2022 in Suit No: FHC/LKJ/CS/35/2022.

By an Originating Summons filed on the 28/06/2022, the Appellant who was Plaintiff in the court below, advanced the following questions for determination: 

1. Whether upon dispassionate consideration of Sections 29 and 32 of the Electoral Act, 2022 and having won the primary election conducted by the 2nd Defendant on the 27th day of May, 2022 which was conducted in consonance with Section 84 of the Electoral Act, 2022, the 2nd Defendant ought not to have forwarded the Plaintiff's name to the 1st Defendant as her candidate for the seat of Kabba-Bunu/Ijumu Federal Constituency of Kogi State in the Scheduled 2023 general election.

2. Whether the 1st Defendant who monitored and issued a report on the conduct of the 2nd Defendant's primaries th…

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