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HON. (CHIEF) OLUSOLA OKE V. SEN. H. O. EHINLANWO & ORS

(2007) JELR 33816 (CA)

Court of Appeal  •  CA/A/112/07  •  2 Oct 2007  •  Nigeria

Coram
OLUFUNMILOLA OYELOLA ADEKEYE JCA; MARY U. PETER ODILI JCA; CHIDI NWAOMA UWA JCA;

Judgement

CHIDI NWAOMA UWA, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Abuja, delivered on the 18th day of April, 2007, hereafter called the "trial Court", The then applicant SENATOR H. O. EHINLANWO, in his Originating Summons ("the summons") dated March 16, 2007 sought the under mentioned questions for the determination of the Court:-

(1) Whether the Peoples Democratic Party (PDP) can substitute the plaintiff with another from contesting for the office of the Ondo South Senatorial Zone in the forth coming Senatorial election?

(2) Whether the plaintiff can be substituted for the office of the Senatorial Seat in the Ondo South Senatorial Zone after having been cleared by INEC during its screening exercise.

The 1st Respondent (then applicant) in the originating summons sought the following reliefs:

(a) A declaration that the Peoples Democratic Party has no power to remove the name of the Applicant as the candidate on the platform of PD…

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