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TERVER KAKIH v. PEOPLES DEMOCRATIC PARTY & ORS

(2014) JELR 36539 (SC)

Supreme Court  •  SC.236/2013  •  11 Jul 2014  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; SULEIMAN GALADIMA JSC; BODE RHODES-VIVIOUR JSC; KUMAI BAYANG AKA'AHS JSC;

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Court of Appeal Makurdi Division in appeal No.CA/MK/158/2012 delivered on 5/3/2013 affirming the judgment of the Federal High Court Makurdi Division delivered on 11/7/2012. For convenience and easy reference, I shall hereinafter, in the course of my consideration of this appeal, refer to the Court of Appeal and the Federal High Court as "the Court below" and "the Court of first instance" or "trial court" respectively.

The appellant herein, as plaintiff before the trial court challenged, inter alia, the conduct of the 1st respondent's primary election of its flag bearer for the Gubernatorial Election in Benue State held on 9/1/2011 and the qualification of the 4th Respondent to contest the said election. The appellant claimed both declaratory and injunctive reliefs in paragraph 51 of his statement of claim. In the main, the appellant alleged that the primaries were not conducted i…

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