TUKUR IBRAHIM V. ALHAJI YAHYA ISHAQ UMAR & ANOR

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Bauchi, (hereinafter referred to as the lower court) presided over by Justice M.T. Salihu. The judgment was delivered on the 15th day of June, 2012, in favour of Alhaji Yahaya Ishaq Umar, (hereinafter referred to as the 1st Respondent) who was the Plaintiff at the lower court. Alhaji Tukur Ibrahim, (hereinafter referred to as the Appellant) was the Defendant at the lower court. Dissatisfied with the judgment delivered on 15th June, 2012, he appealed to this court vide Notice of Appeal dated and filed on the 26th of July, 2012.

Briefly, the background facts of the case are that the 1st respondent and the appellant were members of the 2nd respondent, a Political Party called and known by the name CONGRESS FOR PROGRESSIVE CHANGE (C.P.C.). For the elections held on 28th of April, 2011, there was a primary election conducted to choose a candidate to represent To…