ADMIRAL MURTALA NYAKO (RTD) V. DR. UMAR ARDO & ORS
(2013) JELR 35818 (CA)
Court of Appeal
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CA/YL/21/2012
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26 Feb 2013
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Nigeria
Coram
SOTONYE DENTON-WEST JCA;
IGNATIUS IGWE AGUBE JCA;
ABUBAKAR ALKALI ABBA JCA;
Appearances
Ayo Akam Esq. - for the Cross-Appellant/Applicant For Appellant
S. O. Imhanobe Esq. - for the 1st Cross-RespondentMark Chukwu Esq. - for the 3rd Respondent For Respondent
Judgement
<p>IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This is a Cross-Appeal against parts of the decisions in the Ruling of the Federal High Court Yola dated 13th January, 2012 but delivered by His Lordship S. M. Shauibu, J. on the 20th day of January, 2012 in suit No:FH/YL/CS/50/2011, whereby he struck out the 1st Cross-Respondent's suit challenging the primary election and nomination of the Cross-Appellant as the Candidate of the 2nd Cross-Respondent for the 2012 Gubernatorial Election in Adamawa State; on grounds of non-compliance with the Constitution of the Federal Republic of Nigeria, 1999 (as amended); the Electoral Act, 2010 (as amended); the 2nd Cross-Respondent's Constitution and Guidelines for Primary Elections of the 2nd Cross-Respondent. The 1st Cross-Respondent had sought for declaratory and injunctive Reliefs as encapsulated in his Statement of Claim on the Grounds articulated in Paragraph 47 thereof and upon being served and as earlier stated in the main Appe…</p>