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MRS. PAULINE MIANAEKERE v. PEOPLES DEMOCRATIC PARTY & ORS

(2014) JELR 36554 (CA)

Court of Appeal  •  CA/A/328/2013  •  6 Mar 2014  •  Nigeria

Coram
AMIRU SANUSI JCA; ABUBAKAR DATTI YAHAYA JCA; TINUADE AKOMOLAFE-WILSON JCA;

Judgement

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): At the Federal High Court Abuja (the lower court) the appellant as plaintiff, filed an originating summons on 2nd December 2011 challenging her exclusion from the primary election conducted by her party, the 2nd defendant, now 1st respondent on 7th January, 2011. The said primary election was for senator representing Eket/Oron Senatorial District.

The 2nd defendant at the lower court, now 2nd respondent, is the Independent National Electoral Commission (INEC), the statutory body saddled with the responsibility of conducting general elections into various political offices by the Constitution of the Federal Republic of Nigeria 1999. The 3rd defendant now 3rd respondent herein, was one of the contestants at the primary election who was also the candidate declared and returned as the winner of the said primary election conducted by the 1st respondent (PDP).

Upon being declared and returned as the winner of the primary election by he…

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