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JOSEPH HEMEN BOKO v. HON. BENJAMIN B. NUNGWA & ORS

(2018) JELR 91615 (CA)

Court of Appeal  •  CA/MK/24/2016(2)  •  2 Nov 2018  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA ONYEKACHI AJA OTISI JCA JOSEPH EYO EKANEM JCA

Judgement

(JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment):

This appeal is against the judgment of the Federal High Court, Makurdi Judicial Division delivered on 19/11/2015 in suit No. FHC/MKD/CS/13/2015. In the judgment (tagged as ruling by the lower Court) the lower Court dismissed the case of the appellant.

The facts of the case leading to this appeal may be summarised as follows: The appellant, a member of the 2nd respondent, contested the 2nd respondent's primary election held on 2/12/2014 for the nomination of its candidate for the Benue State House of Assembly election scheduled for 2015. He contested with other candidates including the 1st respondent.

According to the appellant, he scored the highest number of votes at the primary election and was declared the winner of the same. He was thereafter issued with 3rd respondent's Forms EC4B(iii) (Form for nomination of Member of State House of Assembly) and CF001 (Affidavit in support of personal particulars of persons seeking elec…

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