judy.legal
Login Register

PEOPLES DEMOCRATIC PARTY & ANOR v. CHIEF (SIR) VICTOR UMEH & ORS

(2017) JELR 38213 (SC)

Supreme Court  •  SC.204/2016(R)  •  10 Feb 2017  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; AMINA ADAMU AUGIE JSC; EJEMBI EKO JSC;

Judgement

AMINA ADAMU AUGIE, J.S.C. (Delivering the Lead Ruling): The Applicants are praying this Court to strike out or dismiss Appeal No.SC. 204/2016 for being an abuse of Court process. The start off point in unraveling what led to this Application is the Petition they filed at the National Assembly Election Petition Tribunal, Anambra State wherein the Applicants challenged the declaration of 2nd Appellant herein as the duly elected Senator representing Anambra Central Senatorial District. The Tribunal dismissed their Petition on 9/10/2015, and they filed Appeal No. CA/E/EPT/28/2015 at the Enugu Division of the Court below, which held as follows in its Judgment delivered on 7/12/2015 -

"...Since by Paragraph 25(1) of Exhibit R1, it is the State Special Congress that should conduct the Primary for the purpose of nominating a candidate to contest election into the National Assembly. The 11th Respondent [i.e. 2nd Appellant] was therefore not the product of a valid primary and was therefore, not …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login