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PEOPLE'S DEMOCRATIC PARTY & ANOR V. JIDOU L. SEBASTINE & ANOR

(2015) JELR 40557 (CA)

Court of Appeal  •  CA/J/330M/2014(R)  •  3 Mar 2015  •  Nigeria

Coram
JOSEPH TINE TUR JCA; IBRAHIM SHATA BDLIYA JCA; RIDWAN MAIWADA ABDULLAH JCA;

Appearances
Joshua John, Esq. with Mrs. A.M. Umar, Esq.; Frank Daniel, Esq. and Miss R.C. Nwankwo, Esq. For Appellant F.O. Shaibu, Esq. with L.L. Fwangyil, Esq. Mrs. C.O. Okoh, Esq. For Respondent

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Lead Ruling): The People's Democratic Party held her primaries on 26th November, 2013 to vote in a candidate to contest the general elections into the Kalong Council Ward in Shendam Local Government Council of Plateau State. At the close of voting the 1st respondent emerged with the highest number of votes cast at the primaries. Nevertheless, his name was substituted by the Peoples Democratic Party in favour of the 2nd appellant/applicant whom it was alleged was not a contestant at the primaries. Being aggrieved the 1st respondent proceeded to the High Court of Justice, Jos, Plateau State by originating summons to challenge the decision of the 1st appellant/applicant. On 24th February, 2014, Mann, J., of the High Court of Justice, Plateau State holden at Jos delivered judgment in favour of the 1st respondent holding at page 147 lines 4-20 of the printed record as follows:

"Section 23(1) of the PLASEC Law, 2011 forbids a political party from subs…

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