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HON. FATIMA RASAKI PEOPLE’S DEMOCRATIC PARTY (PDP) V. OLADIMEJI LATEEF AJIJOLA INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2017) JELR 56700 (SC)

Supreme Court  •  SC. 826/2016  •  7 Apr 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC (Presided) CLARA BATA OGUNBIYI JSC CHIMA CENTUS NWEZE JSC AMIRU SANUSI JSC (Read the Lead Judgment) PAUL ADAMU GALINJE JSC

Appearances
Ahmed Raji, SAN FCIArb (U.K.) (with him, Peter Nwatu -*- Esq., Henry Nwakpa Esq., Titilayo Ajao (Miss), Mukhtar Aliyu Esq., David Ogundipe Esq., Olamide Agbaje (Miss), Emmanuella Senlong (Miss), Omojeme Urueshone Esq., -*- Abdulkadir Aminu Esq., Doyinsola Alege (Miss), Adedolapo Alege Esq. and Ayewale Folarin Esq.) - for the Appellants . -*- M.J. Onigbanjo, SAN - for the -*- 1st Respondent . -*- Musibau Adetunbi, Esq. (with him, A.A. Muhammad, Esq., Barbara T. Onwubiko (Miss), Abdul Wasiu Lawal, Esq. and A.A. Abdul Raheem, Esq.) - for the 2nd Respondent .

Judgement

SANUSI JSC (Delivering the Lead Judgment): At the court of Appeal, Abuja Division, an appeal was lodged against the judgment of the Federal High Court concerning the nomination of the first appellant in suit No. FHC/CS/ABJ/1087/2015. The suit was thereafter transferred to the Ado-Ekiti Division of the Federal High Court (“the trial court” for short) which struck out the suit for want of jurisdiction on 25 March 2015. A The first respondent thereafter filed another suit No. FHC/ AD/CS/16/2015 (which crystallised into the present appeal) on 26 March 2015 vide an originating summons.

The second respondent filed a counter affidavit to the originating summons and also raised preliminary objection challenging the competence of the suit on the grounds, inter alia , that the suit earlier filed in Abuja Federal High Court No. FHC/CS/ABJ/1087/2014 constituted res judicata and that same, was caught by the provisions of Public Officers Protection Law.The trial court took arguments on the o…

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