PEOPLES DEMOCRATIC PARTY & ORS V. BARR. SOPULUCHUKWU E. EZEONWUKA & ANOR
(2017) JELR 37969 (SC)
Supreme Court
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SC.521/2015(CONSOLIDATED)
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7 Apr 2017
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Nigeria
Coram
WALTER SAMUEL NKANU ONNOGHEN JSC;
MUSA DATTIJO MUHAMMAD JSC;
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC;
EJEMBI EKO JSC;
SIDI DAUDA BAGE JSC;
Appearances
Arthur Obi Okafor, SAN with him, V.C. Ottaokpukpu, Esq., L.E. Nwonye, Esq. and Chika Eze (Miss) for 1st to 4th Appellants.David K. Iorhemba, Esq. with him, Ebah A. ldikwu, Esq., J.L. Tenalo, Esq., A.T. Shija, Esq. and John Opaluwa, Esq. for 1st to 4th Appellants in SC.521/2015P.I.N. Ikwueto, SAN with him, J. Asoluka, Esq., Prisca Ozoilesike (Miss), C.I. Onwuemelie, Esq., C.K. Alabi, Esq., C. Ogbuefi, Esq., C.D. Ezeh, Esq., C.C. Emekekwe, Esq. and R.C. Omalu (Miss) for the Co-AppellantANDHenry Akunegbu, Esq. with him, C. Akor (Miss), Stan Ofoma, Esq., Victor Oziegbe, Esq., Ibrahim Okpe, Esq. and Aneke Callistus, Esq. for the Appellant -SC.846/2015 For Appellant
Paul Erokoro, SAN with him, Okwudili Anozie, Esq., Michael Ajara, Esq., Swaben Audu Dodo, Esq. and Kelechi A. Ologwu, Esq. for the 1st RespondentAlhassan A. Umar, Esq. with him, Okechukwu Okeke, Esq. and Bashir M. Abubakar, Esq. for the 2nd Respondent. for 2nd Respondent.-SC.521/2015ANDUsman O. Sule, Esq. with him, Williams A. Ataguba, Esq., L.N. Ilobuno, Esq. and Paul Ameh, Esq. for the 1st Respondent.Echezona Etiaba, Esq. with him, Kasie Ogbuawa, Esq. for the 2nd Respondent.O.O. Igwenyi, Esq. for the 3rd Respondent.L.C. Okoli, Esq. with him, P.E. Sodje, Esq. for 4th Respondent.Alhassan A. Umar, Esq. with him, Okechukwu Okeke, Esq. and Bashir M. Abubakar, Esq. for the 5th Respondent.-SC.846/2015 For Respondent
Judgement
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This appeal is against judgment of the Court of Appeal, Abuja Division delivered on 26/6/2015 dismissing the appeal filed by the 1st-4th Appellants against the judgment of the Federal High Court, Abuja delivered on 20/2/2015.
The 1st Appellant, the Peoples Democratic party (PDP), conducted primaries for the purpose of nominating its candidate for the Orumba North/South Federal Constituency of Anambra State in the National Assembly Election scheduled for 28/3/2015. The 3rd and 4th appellants were the Chairman and Secretary, respectively of the PDP National Assembly Electoral Panel for the State. The 1st Respondent contested with 5 other aspirants. He asserted that he scored the highest number of votes and was publicly declared winner by the Returning Officer but that his name was not forwarded to the Independent National Electoral Commission (INEC) by the Appellants. He alleged that he got to know that t…
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