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BARR. (MRS.) AMANDA PETERS PAM & ANOR V. NASIRU MOHAMMED & ANOR

(2008) JELR 41577 (SC)

Supreme Court  •  SC.238/2007  •  30 May 2008  •  Nigeria

Coram
NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; SUNDAY AKINOLA AKINTAN JSC; FRANCIS FEDODE TABAI JSC;

Judgement

G. A. OGUNTADE, JSC (Delivering the Leading Judgment): The 1st respondent was the plaintiff at the Federal High Court, Abuja where he brought a claim against the appellants and the 2nd respondent as the defendants claiming the following reliefs:

"1. A Declaration that the 2nd defendant's letter of 19th February, 2007, to the 1st defendant applying to substitute the Plaintiff Nasiru Mohammed as the 2nd defendant's candidate for the April 2007 Abuja Municipal Area Council AMAC/BWARI Federal House of Representative Election is illegal, null, void and of no effect whatsoever.

2. A Declaration that the 1st Defendant cannot in law act upon the 2nd Defendant's application as contained in the letter of 19th February, 2007, to effect a substitution of the plaintiff with 3rd defendant as the 2nd defendant's candidate for the April 2007 AMAC/BWARI Federal House of Representative Election.

3. A Declaration that by virtue of the provision of section 34(2) of the Electoral Act, 2006, the letter da…

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