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MR PERES PERETU & ORS. V. CHIEF KOKO GARIGA & ORS

(2012) JELR 33987 (SC)

Supreme Court  •  SC.127/2012  •  14 Dec 2012  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; BODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC; STANLEY SHENKO ALAGOA JSC;

Judgement

NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Port Harcourt Division delivered on the 10th day of February, 2012.

The Respondents who were the plaintiffs in the trial court asked the Court to determine, in the originating summons, the following questions:

"1. Whether the 1st Defendant is not under a legal obligation by the combined provisions of Articles 13.1(c) and 13.22 of the Constitution of the People Democratic Party 2009 (as amended) and all other provisions of the said Constitution, to screen the claimants as the lawfully nominated candidates of the Peoples Democratic Party for Sagbana, Kolokuma/Opokuma, Ogbai, Ekeremor and Yenagoa Local Government Areas, respectively, of Bayelsa State in respect of the forthcoming Local Government Election in Bayelsa State for 3rd of April 2010 having been presented to it by the 9th Defendant.

2. Whether by the provisions of Article 13.22 and Article 13.1 and a…

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