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CHIEF JOSEPH ADOLO OKOTIE-EBOH V. CHIEF JAMES EBIOWO MANAGER, PEOPLES DEMOCRATIC PARTY (PDP) & INDEPENDENT NATIONAL ELECTORAL COMMISSION

(2004) JELR 45026 (SC)

Supreme Court  •  SC.197/2003  •  10 Dec 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC (Presided) ALOYSIUS IYORGYER KATSINA-ALU JSC UMARU ATU KALGO JSC DENNIS ONYEJIFE EDOZIE JSC (Read the Lead Judgment) IGNATIUS CHUKWUDI PATS-ACHOLONU JSC

Judgement

EDOZIE, J.S.C. (Delivering the Leading Judgment): The appellant and the 1st respondent herein together with one other who is not a party in this proceeding are members of the Peoples Democratic Party (P.D.P. for short) in the Delta State South Senatorial District. As prospective candidates for the 2003 general election to the Senate, all the three contested the P.D.P. primary election for the Delta State South Senatorial District. At the end of the primary election, the 1st respondent scored the highest number of votes followed by the appellant who emerged second. Aggrieved thereby, the appellant addressed a petition to the P.D.P. (2nd respondent) alleging, inter alia that the 1st respondent was not qualified to have contested the primary election on the ground that on a previous occasion he was indicted by a Local Government Council Election Tribunal for electoral malpractice. The petition was considered by the Delta State Electoral Panel of the party which upheld the petition, disqu…

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