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ISAH SHUAIBU LAU V. PEOPLES DEMOCRATIC PARTY [PDP] & ORS

(2017) JELR 37863 (SC)

Supreme Court  •  SC.583/2016  •  23 Jun 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; AMINA ADAMU AUGIE JSC; EJEMBI EKO JSC;

Appearances
Chief Ogwu J. Onoja (SAN) with him, Noah Abdul, Esq., M. A. Ebute, Esq., Edwin Agbu, Esq., Joseph Ameh Abah, Esq., and E. U. Dan-Ameh (Mrs.) For Appellant A.J. Akanmode, Esq., with him, Jamiu Olabode Makinde, Esq., and E. N. Chia for the First respondentFredericks E .ltula, Esq., with him, Uchenna Edeh, Esq., and Manny Odukuge (Miss) for the Second Respondent.Abbas Ajiya, Esq., for the Third RespondentKanu Agabi (SAN ) with him, Peter Erivowode, Esq., Elvis Utulu, Esq., Aiseosa Osaghae (Miss), Adaeze lgbo (Miss and Pius Onigah, Esq., for the fourth Respondent For Respondent

Judgement

AMINA ADAMU AUGIE, J.S.C. (Delivering the

Leading Judgment): This Appeal relates to a pre-election matter. The Appellant and the third Respondent participated in the Taraba North Senatorial District primary election conducted by the first Respondent on 11/12/2016, and the third Respondent was declared the nominated candidate.

Dissatisfied with the state of affairs, the Appellant instituted an action against the first and second Respondents only at the High Court of the Federal Capital Territory, Abuja, wherein he questioned the eligibility of the third Respondent to vie for the senatorial seat.

The third Respondent was not listed as a Party in the original Originating Summons filed on 18/12/2014 but the Appellant applied\and was granted leave of Court to join him as a Party on 23/12/2014 which resulted in the first amendment of the Originating Summons.

The first Respondent filed a Counter-Affidavit to the Amended Originating Summons, wherein it was averred in paragraphs 27- 30

- 27. On 30…

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