PEOPLES DEMOCRATIC PARTY V. HON. BABANGIDA S. M. NGUROJE & ORS

IGNATIUS IGWE AGUBE J.C.A. (Delivering the Leading Judgment): This Appeal is a sister to Appeal No. CA/YL/30/2011 earlier decided both of which arose from the same facts and judgment of S. M. Shuaibu, J, delivered on the 1st day of April, 2011 at the Federal High Court, Yola Division. The facts of the case are clear and have been elaborately stated in the Judgment in Suit Number CA/YL/30/2011. Suffice is to say that by way of Originating Summons commenced in the Federal High Court, Yola; the 2nd Respondent herein and Plaintiff in the Court below challenged the cancellation of his victory at the primary Election held by the present Appellant (then 1st Defendant) for the nomination of the PDP candidate to contest the General Elections into the House of Representatives for the Gashaka/Kurmi/Sardauna Federal Constituency of Taraba State. At the said primary conducted on the 6th day of January, 2011, the 2nd Respondent herein was recorded in Exhibit E to the Affidavit in Support of the Ori…