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MUYIWA V. MUHAMMED & ORS

(2021) JELR 109213 (CA)

Court of Appeal  •  CA/IB/360/2021  •  30 Dec 2021  •  Nigeria

Coram
Ali Abubakar Babandi Gumel, JCA Mohammed Danjuma, JCA Muhammad Ibrahim Sirajo, JCA

Appearances
Olasupo Olaibi, with him, F.S. Daud For the Appellant; A.A. Ajayi for the 1st and 2nd Respondents; Kehinde Ogunwumiju, SAN, with him, Ademola Abimbola, Lukman Sa'adu, Miss Funmilayo Longe, Miss Lovelyn Osiele and Miss Lydia O. Akinsola for the 3rd Respondent.

Judgement

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Ogun State sitting at Shagamu delivered by Tajudeen A. Okunsokan, J., on 21/10/2021, whereby the action of the Claimant (Appellant) commenced by way of Originating Summons, was struck out for want of jurisdiction. The background facts leading to this appeal, according to the Appellant, were that, as a card-carrying member of the All Progressive Congress (2nd Respondent), he, along with Hon. Efuwape Olaitan Mohammed, the Vice-Chairman, Caretaker Committee of Ikenne Local Government (1st Respondent), Hon. Idris Omidiya, Miss Abu Jairat, Mrs. Olufunke Olamade, Mr. Abolore Bakare, and Mr. Waheed Osinaike, purchased the 2nd Respondent’s Expression of Interest forms to contest councillorship primary election for Ward 5, Iperu Remo, Ikenne Local Government of Ogun State. When an attempt at producing a consensus candidate failed, primary election was scheduled for 20/05/…

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