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INDEPENDENT NATIONAL ELECTORAL COMMISSION V. DR. AHMED MOHAMMED SALIK & ANOR

(2010) JELR 33599 (CA)

Court of Appeal  •  CA/A/195/2009  •  30 Jun 2010  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; JIMI OLUKAYODE BADA JCA; ABDU ABOKI JCA;

Judgement

UWANI MUSA ABBA AJI, J.C.A (Delivering the Lead Ruling): The 1st Respondent by way of originating summons dated and filed on the 16th day of February, 2007, instituted an action against the Appellant and the 2nd Respondent at the Federal High Court, Abuja, seeking the determination of the following questions:

1. Whether the 1st Defendant can elect to disregard the provisions of the Electoral Act, 2006 and the electoral regulations stipulating the time and form permissible for substitution of candidates

2. Whether the power to substitute a candidate by a political party under Section 34(1) of the Electoral Act 2006 is absolute, unfettered and unqualified.

3. Whether the letter dated 11/1/O7 written by the 1st Defendant to the 2nd Defendant seeking to substitute the Plaintiffs name could be said to have raised cogent and variable (sic) reasons in consonance with Section 34 (2) of the Electoral Act, 2006 to warrant the substitution of the Plaintiffs name to the 1st Defendant.

The 1st Res…

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