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DR. ALEX OTTI & ANOR v. DR. SAMPSON UCHE CHUCKWU OGAH & ORS

(2017) JELR 38252 (SC)

Supreme Court  •  SC.718/2016(R)  •  27 Jan 2017  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; CLARA BATA OGUNBIYI JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Lead Ruling): The facts are relevant to this application.

The 1st and 3rd Respondents are members of the Peoples Democratic Party, the 2nd Respondent herein, while the 1st Applicant is a member of the All Progressives Grand Alliance, the 2nd Applicant herein.

The 1st and 3rd Respondents as members of the 2nd Respondent therefore participated in the 2nd Respondents Governorship Primary Election for Abia State on 8th December, 2014 wherein the 2nd Respondent returned the 3rd Respondent as the winner of the said Abia State Governorship Primary Election while the 1st Respondent came second in the said primary election.

Dissatisfied with the declaration of the 3rd respondent as the winner of the 2nd Respondents Governorship Primary Election and upon the 1st respondent becoming aware that the 3rd respondent breached the 2nd respondents Electoral Guidelines for 2014 and Section 31 (2), (5) and (6) of the Electoral Act 2010 (as amended), the 1st respon…

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