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PEOPLES DEMOCRATIC PARTY (PDP) v. ALL PROGRESSIVES CONGRESS (APC) & ORS

(2015) JELR 41581 (CA)

Court of Appeal  •  CA/A/194/2015  •  23 Oct 2015  •  Nigeria

Coram
MOORE A.A. ADUMEIN JCA; TANI YUSUF HASSAN JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kogi State High Court of Justice sitting at Koton Karfe, delivered on the 8th of December 2014 by an Amended Notice of Appeal filed on the 18th of May, 2015, as per pages 1061 to 1068 of the records of appeal.

Facts In Brief:

In 2008 the 2nd respondent appointed the 5th to 9th respondents as chairman and members of the 4th respondent. On the 20th of March 2013, the 1st respondent filed an action challenging the composition of the 4th respondent on the ground that the 5th to 9th respondents were not qualified as chairman and members of the 4th respondent.

It was the case of the 1st respondent that the 5th to 9th respondents were partisan members of the appellant, and since the 4th respondent ought to be an impartial arbiter in the contest for political offices between the 1st respondent and the appellant, members of the 4th respondent should not belong to any political party.

The app…

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