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INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) V. LABOUR PARTY (NATIONAL PUBLICITY SECRETARY LP), COMRADE ABAYOMI ARABAMBI (NAT. PUBLICITY SECRETARY LP), JAMES IMOOHI IFIJEH (OWAN EAST STATE CONSTITUENCY) & RICHARD UYIEDIBIRI (UHUMWODE STATE CONSTITUENCY)

(2023) JELR 111499 (CA)

Court of Appeal  •  CA/ABJ/CV/261/2023  •  6 Apr 2023  •  Nigeria

Coram
E.O. WILLIAMS-DAWODU, JCA UGOCHUKWU ANTHONY OGAKWU, JCA MUHAMMED MUSTAPHA, JCA

Appearances
Mr. I. S. Mohammed for the Appellant; Mr Akingbade Oyetekan, Sunto Ujuze and Violet Dibiah for the respondents.

Judgement

E. O. WILLIAMS-DAWODU, JCA (Delivering the Leading Judgement): This appeal is as a result of the Judgment of the Federal High Court, Abuja delivered on February 2nd 2023 by Hon. Justice I. E. Ekwo wherein the Court found in favour of the Applicants and granted their sole relief.

The Respondents as the Applicants at the Court below vide an Originating Summons sought the order of the Court against the Appellant (the Respondent at the Court below) to direct/compel "the respondent to open her website for the purpose of allowing the 1st applicant submit list (sic) her candidates or accept same manually with immediate effect for the purpose of the general election." See pages 1 to 3 of the Record before this Court.

The brief gist herein according to the Appellant is that the Respondents were late as provided in Exhibit INEC L3, at the time they conveyed the voluntary withdrawal of some of their candidates for substitution of their candidates and date for their substitution primaries. That t…

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