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LABOUR PARTY v. INDEPENDENT NATIONAL ELECTORAL COMMISION

(2008) JELR 37232 (CA)

Court of Appeal  •  CA/K/69/08  •  10 Apr 2008  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOHN INYANG OKORO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA;

Judgement

OKORO, J.C.A, (Delivering the Leading Ruling): At the Federal High Court sitting in Katsina, the applicant who was the plaintiff therein, by an originating summons submitted for determination the following questions, namely:-

1. Whether by the combined effect of section 221 of the Constitution of the Federal Republic of Nigeria 1999, section 32(7) of the Electoral Act, 2006, and Paragraph 27(3) of the 1st Schedule to the Electoral Act, 2006 the plaintiff is not entitled to submit to the defendant and the defendant mandated to receive from the plaintiff, the plaintiff's list of candidates for any bye-election, fresh election or new election into any elective office to be conducted by the defendant in any part of Nigeria, including Adamawa State of Nigeria.

2. Whether by virtue of the Supreme Court decisions in Ugwu v. Ararume (2007) 12 NWLR (Pt. 1048) 367 and Amaechi v. INEC and Ors (2007) 18 NWLR (Pt.1065) 98, it is not the prerogative of the plaintiff to nominate and sponsor candidat…

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