SENATOR YAKUBU GARBA LADO & ORS V. CONGRESS FOR PROGRESSIVE CHANGE (CPC) & ORS
(2011) JELR 48532 (SC)
Supreme Court
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SC.157/2011 (CON)
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16 Dec 2011
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Nigeria
Coram
DAHIRU MUSDAPHER JSC
WALTER SAMUEL NKANU ONNOGHEN JSC
JOHN AFOLABI FABIYI JSC
OLUFUNLOLA OYELOLA ADEKEYE JSC
MARY UKAEGO PETER-ODILI JSC
Appearances
Ricky Tarfa, SAN for the appellants in SC/157/2011 Appellant in SC.334/2011 with him are Messrs P. Nkem (Miss), C. E. Okochua (Miss) and A. A. Oyegbami, Esq. For the Appellant;
4th-46th respondents in SC.334/2011 with him are Messrs A. J. Owonikoko, SAN B. Adulogu, A. Okubote; J. O. Baiyeshea, SAN for the 1st-3rd respondents in both appeals, with him are Messrs l. Alasan, S. Ipinlaie, R. S Baiyeshea, E. Omozeghian, Y. A Dikko, S. David, Animashaun and J. Akor;
Ademola Bakre Esq for the 4th respondent in SC.157/2011;
Ahmed Raji Esq. for the 5th and 6th respondents in SC.157/2011 and 47th and 48th respondents in SC.334/2011 with him are Messrs A. D. Auta, Fatima Buka, Adeola Adedipe and Zakari Garba.
Judgement
WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): The appeals are against the judgment of the Court of Appeal Holden at Abuja in appeal No. CA/A/232/2011 delivered on the 20th day of April, 2011 in which the court allowed the appeal of the present 1st-3rd respondents against the judgment of the Federal High Court, Holden at Abuja in Suit No. FHC/ABJ./CS/126/2011 delivered on the 25th day of February, 2011 granting the claims of the plaintiffs, now appellants before this court.
On the 3rd day of February, 2011 the appellants in SC/157/2011 caused an originating summons to be issued against the present respondents therein in which they called for the determination of the following questions:-
''1. WHETHER having regard to Section 221, 222 and 223 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Section 85 and 86 of the Electoral Act, 2010 (as amended), the 1st defendant is not bound to submit to the 4th defendant the names of the plaint…