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BARR. AJIMATOKI OLUSEGUN PHILIP V.ODIMAYO GBADEBO AKINOLA & ORS

(2018) JELR 39491 (CA)

Court of Appeal  •  CA/A/316/2016  •  20 Mar 2018  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Appearances
Tobechukwu Nweke Esq. with him Nkemakonam Obiesie Esq. For Appellant 1st Respondent is unrepresented.Alex Ejesieme Esq., with him Melvin Oputa Esq., for 2nd respondent, PDP.Mrs. Wendy Kuku for 3rd respondent, INEC. For Respondent

Judgement
<p>BOLOUKUROMO MOSES UGO, J.C.A.(Delivering the Leading Judgment): On the 3rd day of May 2016, A.R. Mohammed J. of the Federal High Court sitting in Abuja, the Federal Capital Territory, delivered judgment in Suit No: FHC/ABJ/188/2015 upholding the claims of 1st Respondent as Plaintiff therein, to the effect that the 1st respondent won the 29/11/2014 primary election of 2nd respondent, Peoples Democratic Party (PDP), which held at St. Peters Catholic Church Hall, Odo-Irele in Ondo State for the Ondo State House Assembly and should have had his name forwarded to 3rd respondent (National Independent Electoral Commission, INEC) as PDPs candidate instead of appellant, he having polled 35 votes to appellants 23 votes in that primary.</p><p>First respondent commenced his action with an originating summons dated 02/03/2015 but filed on 03/03/2015 seeking determination of the following questions:</p><p>1. Whether the Plaintiff having won the 2nd defendants indirect primaries conducted by the 2nd Defendants du…</p>

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