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OZONMA (BARR.) CHIDI NOBIS- ELENDU v. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS

(2015) JELR 36718 (SC)

Supreme Court  •  SC.160/2014  •  12 Jun 2015  •  Nigeria

Coram
SULEIMAN GALADIMA JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC;

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The appellant, the 3rd respondent and others contested the 2nd respondent's primary election for the nomination of the party's candidate for the Aguata Federal Constituency seat in Anambra State. The primary election which was in relation to the 9th April, 2011 general election conducted by the 1st respondent, took place on the 10th day of January, 2011 after a false start the previous day.

The appellant asserts that the primary election proceeded in accordance with the guidelines published by the 2nd respondent and, having scored the highest votes at the end of the exercise, he was entitled to have his name submitted to the 1st respondent as 2nd respondent's candidate in the general election. Instead, the 2nd respondent submitted the name of the 3rd respondent to the 1st respondent as its candidate for the 9th April, 2011 election for the Aguata Federal Constituency seat in the House of Representatives. Aggrieved by th…

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