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OGUCHE SUNDAY OLIVER V. KOGI STATE INDEPENDENT ELECTORAL COMMISSION & ORS.

(2009) JELR 33613 (CA)

Court of Appeal  •  CA/A/36/2009  •  14 Dec 2009  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; MARY U. PETER-ODILI JCA; ABDU ABOKI JCA;

Judgement

ABDU ABOKI, J.C.A.: (Delivering the Leading Judgment): This Appeal is against the Ruling of the High Court of Justice sitting at Okpo in Kogi State delivered by Hon. Justice A. O. Salihu.

The Brief fact of this case is that the Appellant and the 3rd Respondent are members of the Peoples Democratic Party (PDP) the 2nd Respondent which is one of the parties that participated in the election in Kogi State and they are both from Olamaboro Ward II.

The Appellant alleges that barely four days to the Election, his name was purportedly substituted with the name of the 3rd Respondent who was earlier disqualified by the 2nd Respondent. Hence on 18/7/2008, he instituted an action at the Lower Court to challenge the said substitution vide the Writ of Summons Statement of Claim and other originating processes; while the case was pending in the Lower Court, the Election was held, the 2nd Respondent won the election and the 1st Respondent declared the 3rd Respondent the elected candidate on the plat…

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