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HONOURABLE AHMED SALAWU OGEMBE V. NURUDEEN ABATEMI USMAN INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) PEOPLES’ DEMOCRATIC PARTY (PDP)

(2011) JELR 57435 (SC)

Supreme Court  •  SC. 156/2011  •  16 Dec 2011  •  Nigeria

Coram
MAHMUD MOHAMMED JSC (Presided) C. MITCHELL CHUKWUMA-ENEH JSC SULEIMAN GALADIMA JSC (Read the Lead Judgment)

Appearances
Dr. J. O. Olatoke Esq. (with him, A. O. Popoola Esq., B. A. Oyun Esq., (Miss), M. AAdelodun Esq. and G. A. Ashaolu Esq.) - for the Appellant. -*- Ade Okeaya-Inneh, SAN (with him,A. Lawal (Miss), K. M. Nomeh D -*- Esq.) - for the 1st Respondent. -*- I.K. Bawa Esq. - for the 2nd Respondent. -*- Chief Olusola Oke Esq., (with him, A. O. Ajana Esq., J. O. Mayo Esq., O. Akuyibo Esq. and Mulikat Kilani Esq.) - for the 3rd Respondent. E

Judgement

GALADIMA JSC (Delivering the Lead Judgment): The 1st respondent herein as plaintiff at the trial Federal High Court filed an action by way of originating summons, seeking for a number of reliefs, viz :

(a) An order of declaration that the defendants are bound by the result of the National Assembly Primary Election of the PDP candidate for Kogi Central Senatorial District.

(b) An order of declaration that the plaintiff having scored the highest number of votes is the winner of the National Assembly Primary Election conducted for Kogi Central Senatorial District by the defendants on 7 January 2011.

(c) An order of declaration that under the Electoral Act, 2010 and the PDP Constitution, 2009 (as amended), the plaintiff is the elected candidate of the 1st defendant for Kogi Central Senatorial District for the forthcoming general election to hold on 2 April 2011 or any other date fixed by the 2nd defendant under the Electoral Act, 2010 (as amended).

(d) An order of declaration that the pla…

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