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INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) V. LABOUR PARTY & 17 ORS

(2023) JELR 111486 (CA)

Court of Appeal  •  CA/ABJ/CV/265/2023  •  28 Mar 2023  •  Nigeria

Coram
ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, JCA UGOCHUKWU ANTHONY OGAKWU, JCA MOHAMMED MUSTAPHA JUSTICE, JCA

Appearances
Jacob Ifere, Esq. (with I. O. Onah, Esq. and Ms. L. E. Sako) for the Appellant; Akingbade Oyelekan, Esq. (with Ms. Violet Dibiah, Somtoo Ujueze and Ms. Kikanwa Enu) for the Respondents.

Judgement

MOHAMMED MUSTAPHA, JCA (Delivering the Lead Judgement):Ā This is an appeal against the judgement of the Federal High Court, Abuja delivered on the 2nd February, 2023, in Suit No. FHC/ABJ/CS/2111/2022, the judgement is at pages 103 to 116 of the record of appeal:

FACTS IN BRIEF:

The gravamen of this appeal is theĀ Appellant's letter to the 1st Respondent dated 1st November 2022. The 1st Respondent, desirous of substituting some of its candidates who had withdrawn their participation from the 2023 General Elections, notified the Appellant of their withdrawal and its plan to hold substitution primaries for their replacement. After the said substitution primaries, the 1st Respondent forwarded the names of the candidates who emerged from the said substitution primaries to the Appellant. However, the Appellant by its said letter of 1st November 2022 which led to this action informed the 1st Respondent that the period allowed for withdrawal and substitution of candidates as stipulated in theĀ Tim…

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