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HON. BABANGIDA S. M. NGUROJE & ANOR V. HON. IBRAHIM TUKUR EL-SUDI & ORS

(2012) JELR 34696 (CA)

Court of Appeal  •  CA/YL/30/2011 (CONSOLIDATED)  •  17 Dec 2012  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; IGNATIUS IGWE AGUBE JCA; ABUBAKAR ALKALI ABBA JCA;

Appearances
Dr. Garba Tetengi Esq. SAN with Adenike (MISS) For Appellant O. E. B. Offiong Esq., SAN for the 1st Respondent with him A. J. Akamode Esq., Ahmed Umar Esq. and I. P. Ndumnego Esq. For Respondent

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): These are consolidated Appeals from the judgment of S. M. Shuaibu, J.; of the Federal High Court, Yola Division, in suit No. FHC/YL/CS/16/2011, which judgment was delivered on the 1st day of April, 2011. It would be recalled that by an Originating Summons dated the 21st day of February, 2011 (but filed on the 16th February, 2011); the plaintiff (now 1st Respondent in Appeal NO.CA/YL/30/2011 and 2nd Respondent in Appeal NO.CA/YL/39/2011); sought for the determination of the following questions:-

'"1. Is the plaintiff who was the aspirant of the 1st Defendant and the one that scored the highest number of votes all at the special congress held on the 6th January, 2011 to select a candidate of the first defendant over Gashaka, Kurmi and Sardauna Federal Constituency in the National Assembly of the Republic of Nigeria holding in April, 2011 entitled to have his name submitted by the 1st defendant to the 3rd defendant as its can…

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