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UMAR ISA v. CONGRESS FOR PROGRESSIVE CHANGE (CPC) & ORS

(2013) JELR 35326 (CA)

Court of Appeal  •  CA/K/11/2012  •  26 Jul 2013  •  Nigeria

Coram
ABDU ABOKI JCA; THERESA NGOLIKA ORJI-ABADUA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision of the Federal High Court, Kaduna Division delivered on the 25th July, 2011 in suit No. FHC/KD/CSP30/2011. The record of this appeal reveals that by the Originating Summons dated the 14th February, 2011 and issued on the 17th February, 2011, the Appellant and three other persons commenced legal proceedings against the Respondents by seeking thus:

"1. A declaration that the conduct of the 1st Defendant purported Primary Election for the Federal House of Representatives, Kaduna South Federal Constituency on the 11th, 12th, and 14th January, 2011 is null and void having been carried out in breach of the mandatory provisions of the Electoral Act, 2010 and the Constitution of the 1st Defendant, 2010 and guidelines for primary election of the 1st Defendant 2010.

2. An order setting aside the purported election of the 6th Defendant as the candidate of the Federal House of Representatives…

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