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HON. SOLOMON OLUWASEYI OSHO V. MR. ADEBIYIADELEYE & 3 ORS

(2023) JELR 110722 (SC)

Supreme Court  •  SC.CV/7/2023  •  24 Feb 2023  •  Nigeria

Coram
Chima Centus Nweze Amina Adamu Augie Mohammed Lawal Garba Helen Moronkeji Ogunwumiju Emmanuel Akomaye Agim

Appearances
R. Okeziji, Esq. with him, A. O. Kaka, Esq. S. Yusuf, Esq. and A. Adeniran, Esq.For Appellant(s) A. Oso, Esq. with him, U. Abdulhameed, Esq. for the 1st Respondent. O. Aladedoye, Esq. with him, M. D. Ojo, Esq. for the 2nd Respondent. O. J. Ajakpori, Esq. for the 3rd Respondent. S. O. Ajayi, Esq. with him, T. Ojo, Esq. for the 4th Respondent. the for Respondent(s)

Judgement

MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Leading Judgment): The Appellant and the 1st Respondents were aspirants who participated in the 2nd Respondent’s primary election conducted on the 26th May, 2022 and monitored by the 3rd Respondent at the Remo North Constituency for the selection of a candidate to contest election for the Ogun State House of Assembly. At the end of voting at the primary election, the 1st Respondent scored the highest votes and was declared the winner while the Appellant came second at the election. The 1st Respondent’s name was then nominated and forwarded to the 3rd Respondent as the 2nd Respondent’s candidate for the said election, which was also published by the 3ld Respondent as prescribed by the Electoral Act, 2022.

Thereafter, the Appellant filed a suit vide a writ of summons dated 8th June, 2022 at the Federal High Court, Abeokuta (trial Court) against the Respondents by which he made claims as follows:-

1. “A Declaration that the handpicking or imposi…

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