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INDEPENDENT NATIONAL ELECTORAL COMMISSION V. ALL PROGRESSIVES CONGRESS & 9 ORS

(2023) JELR 110503 (CA)

Court of Appeal  •  CA/ABJ/CV/1476/2022  •  14 Feb 2023  •  Nigeria

Coram
Stephen Jonah Adah JCA Ugochukwu Anthony Ogakwu JCA Danlami Zama Senchi JCA

Appearances
Ms. Onyinye Princess James, with him, Ms. Grace Ehusani For the Appellant(s) Abdulghani Arobo, Esq. with him, Ibikunle Ayodeji, Esq. for the 1st Respondent A. U. El-Marzuq, Esq. with him, Sanusi Samaila, Esq. Abdulhamid Adamu, Esq. & A. A. El-Marzuq, Esq. for the 2nd Respondent Gabriel Uduafi, Esq. for the 3rd Respondent Charles Jonah, Esq. for the 4th Respondent Julius Ishola, Esq. for the 5th Respondent Ayodele Akisanya, Esq. for the 6th Respondent Gbenga Benson, Esq. for the 7th Respondent Ibrahim Audu, Esq. for the 9th Respondent I. L. Umudu, Esq. (with, T. S. Maduako, Esq.) for the 10th Respondent 8th Respondent absent and not represented by Counsel.

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The 1st-9th Respondents were nine of the eleven plaintiffs at the lower Court. By their Amended Originating Summons they presented the following questions for determination:

“1. WHETHER the failure of the 1st Defendant to publish the names of the 2nd to 11th Plaintiffs, despite the 1st Plaintiff uploading same electronically at its end unto the electronic platform provided by the 1st Defendant, is not void for unlawfully depriving the 2nd to 11th Plaintiff, who are candidates of the 1st Plaintiff from contesting the general election in 2023.

2. WHETHER by the provisions of Section 29 of the Electoral Act 2022 (as amended), do not override Items 5 and 6 of the Guide for the Conduct of 2023 Political Party Primaries and Nomination of Candidate for Elections issued by the 1st Defendant.

​3. WHETHER by the provisions of Section 29 of the Electoral Act 2022 (as amended) Election, the 1st Plaintiff is not entitled to submit th…

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