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PEOPLES DEMOCRATIC PARTY (PDP) v. OBASI UBA EKEAGBARA & ORS

(2016) JELR 36813 (CA)

Court of Appeal  •  CA/A/406A/2016  •  18 Aug 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; ABUBAKAR DATTI YAHAYA JCA; PHILOMENA MBUA EKPE JCA; IBRAHIM SHATA BDLIYA JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment):

This is an appeal against the judgment of the Federal High Court Abuja, (the Lower Court) in Suit No. FHC/ABJ/CS/1086/2014, delivered on the 27th of June, 2016, by OKON ABANG, J. The 1st •and 2nd respondents (who were the Plaintiffs) at the Lower Court instituted the suit against the appellant and the 3rd and 4h respondents (who were the defendants) by an originating summons filed on the 22nd of December 2014 which was amended on the 12th of February, 2015. The 1st, 2nd and 4th respondents were members of the 3rd appellant. The appellant conducted its primary election on the 8th of December 2014 as provided by Section 87(4) B(i)(ii) of the Electoral Act 2010 (amended) and its Constitution. At the conclusion of the primary election, the 4th respondent was declared as the elected candidate, while Dr. Sampson Uchechukwu Ogah came 2nd. The 4th respondent then completed and signed INEC FORM CF.001 containing facts, informati…

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