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MR. PERES PERETU MR. EDDY JULIUS EBIKITIN SUNDAY DIONGOLI BAYELSA STATE INDEPENDENT ELECTORAL COMMISSION CHIEF RUFUS ABADI V. CHIEF KOKO GARIGA CHIEF INEYE INGBAIFEGHA SELEKEBINA SABOR CHIEF DARIUS OBIENE (SUED IN HIS CAPACITY AS CHAIRMAN OF PDP AD-HOC ELECTORAL PANEL) MR. JAMES AGARI (SUED IN HIS OFFICIAL CAPACITY AS THE SECRETARY OF THE PDP STATE EXECUTIVE COMMITTEE IN BAYELSA STATE)

(2012) JELR 54822 (SC)

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

Coram
MAHMUD MOHAMMED JSC (Presided) MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC BODE RHODES-VIVOUR JSC NWALI SYLVESTER NGWUTA JSC (Read the Lead Judgment) STANLEY SHENKO ALAGOA JSC

Appearances
Abdul Mohammed (with him, A. S. Arthur; Clement S. Burubyete; G -*- O. J. Makhere) - for the Appellants. -*- Festus Keyamo (with him, O. Otema) - for the Respondent.

Judgement

NGWUTA JSC (Delivering the Lead Judgment): This is an appeal against thejudgment of the Court of Appeal, Port Harcourt Division, delivered on 16 February 2012.

The respondents who were the plaintiffs in the trial court asked the court to determine, in the originating summons, the following questions: “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 Peoples’ 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 Sagbama, Kolokuma/ Opokuma, Ogbia, Ekeremor and Yenagoa Local Government Areas, respectively, of Bayelsa State in respect of the forthcoming Local Government Election in Bayelsa State for 3 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 all other provisions of the Constitution …

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