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MRS. SUSAN OLAPEJU SINMISOLA OLLEY & ORS. v. HON OLUKOLU GANIYU TUNJI & ORS.

(2013) JELR 36076 (SC)

Supreme Court  •  SC.238/2012; SC.326/2012; SC.350/2012  •  12 Apr 2013  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUHAMMED SAIFULLAH MUNTAKA-COOMASSIE JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC;

Judgement

NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): In the primary election conducted by 2nd Respondent, Action Congress of Nigeria, to elect its flag bearer in the House of Representatives Election held in April 2012, the appellant was declared winner.

The primary election was monitored by the electoral umpire, the Independent National Electoral commission, the 3rd Respondent in this appeal. Appellant's name was forwarded to the 3rd Respondent by the 2nd Respondent as the 2nd Respondent's candidate in the April 2011 elections of members of the Lower chamber of the National Assembly. The election for which the 2nd Respondent nominated the Appellant was for the Amuwo-Odofin Federal Constituency of Lagos State.

The 1st Respondent who took part in the primary election challenged the nomination of the Appellant in the Federal High court, Abuja, by way of originating summons which was subsequently amended by order of the trial court. The suit was transferred to Ikeja Lagos Di…

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