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(2022) JELR 109923 (CA)

Court of Appeal  •  CA/ABJ/CV/876/2022  •  16 Sep 2022  •  Nigeria

Ugochukwu Anthony Ogakwu Muhammed Mustapha Folasade Ayodeji Ojo


UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The 3rd Respondent herein, the All Progressives Congress (APC) is one of the registered political parties in Nigeria. Desirous of fielding a candidate for the forthcoming general elections for the Kabba/Bunu/Ijumu Federal Constituency of Kogi State, the 3rd Respondent, in keeping with the legal prescriptions conducted its primary election to elect the candidate to sponsor for the said Federal Constituency. At the end of the primary election which took place on 27th May, 2022, the 1st Respondent was returned as elected.

On account of disparate reasons given by the toreadors in this matter, the 3rd Respondent was unable to submit the name of the 1st Respondent to the 2nd Respondent, the Independent National Electoral Commission (INEC), as its candidate for the Kabba/Bunu/Ijumu Federal Constituency. Consequent upon this, the 1st Respondent instituted proceedings by Originating Summons before the Federal High Court in SUIT…

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