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PROFESSOR JERRY GANA, CON V. SOCIAL DEMOCRATIC PARTY & ORS

(2019) JELR 92001 (SC)

Supreme Court  •  SC.115/2019  •  29 Mar 2019  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC; AMIRU SANUSI, JSC; EJEMBI EKO, JSC; PAUL ADAMU GALUMJE, JSC; UWANI MUSA ABBA AJI, JSC;

Appearances
A. Akubo (SAN), J. A. Abrahams (SAN) with them, Joe Abah, Esq., Agiwon S. Elukpo, Esq. and Caroline Abah, Esq. For Appellant(s) Omoruyi O. Ediogiawerie, Esq. with him, Victor Shina Akinlabi, Esq. for the 1st-5th Respondents. Mhir Mson, Esq. with him, U. A. Dibal, Esq. for the 6th Respondent For Respondent(s)

Judgement

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): By his Amended Originating Summons at the High Court of the Federal Capital Territory (FCT), Prof. Jerry Gana, CON (hereinafter called “the Appellant”), had raised the following questions and sought 13 reliefs, to wit:

QUESTIONS FOR WHICH DETERMINATION IS SOUGHT

1. Whether having regard to Section 87(9) of the Electoral Act, 2010 (as amended) and Article 2 of the Constitution of the Social Democratic Party (SDP), 2018 (as amended), the 1st Defendant is bound by the provisions of Article 15.3(i) and (ii)(a) of its own Constitution, to wit, relation to the principle of rotation of political offices such that the office of the President and National Chairman of the 1st Defendant shall rotate between the South and North and amongst the six (6) geopolitical zones.

2. Whether having regard to Section 223(1)(a) and (b) and 2(a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Articles 2 and 15.3(i) and (ii)(…

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