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HON. KHAMISU AHMED MAILANTARKI v. HON. YAYA BAYCHI TONGO & ORS

(2017) JELR 38031 (SC)

Supreme Court  •  SC.792/2015  •  2 Jun 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; EJEMBI EKO JSC; SIDI DAUDA BAGE JSC;

Judgement

EJEMBI EKO, JSC (DELIVERING THE LEADING JUDGMENT): The Appellant was the Plaintiff at the High Court of the Federal Capital Territory. He took out the suit on the Originating Summons praying for the following reliefs:

1. A DECLARATION that the 1st Defendant is bound to enforce the decision of its National Assembly Election Appeal Committee, Gombe State appointed by the National Working Committee of the 1st Defendant, which report disqualified the 1st Defendant herein for being ineligible to contest, therefore making the plaintiff the bonafide candidate of the 1st Defendant having scored the highest lawful votes in the just concluded party primaries held on the 8th of December, 2014 with respect to Gombe-Kwami-Funakaye Federal House of Representative elections in Gombe state.

2. A DECLARATION that by virtue of the combined provisions of Article 20(iv) (b) and (c) of the Constitution of the All progressives Congress (APC), vis-a vis the 2014 Guidelines for the Nomination of Candidates for…

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