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URIAH & ANOR V. TURNER & ORS

(2023) JELR 110604 (CA)

Court of Appeal  •  CA/PH/17/2023  •  14 Feb 2023  •  Nigeria

Coram
Ridwan Maiwada Abdullahi JCA Olabode Abimbola Adegbehingbe JCA Abdul-Azeez Waziri JCA

Appearances
Chuks Uguru, Esq. for the Appellant(s) I. S. Damabide, Esq. with him, F. D. Gita, Esq. and E. Apere, Esq. for the 1st respondent. I. M. Brown, Esq. for the 2nd respondent. Ayi Obasike, Esq. for the 3rd respondent. for the Respondent(s)

Judgement

OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Leading Judgment): The 1st appellant is a member of the 2nd appellant. The 2nd appellant is a registered political party in Nigeria. The appellants (as 1st and 2nd plaintiffs, respectively) filed suit no. FHC/YNG/CS/166/2022 before the Federal High Court, in its Yenagoa Judicial Division, on 06/07/2022.

The appellants sued the 1st-3rd respondents (as 1st-3rd defendants respectively) vide an Originating Summons. It is alleged that the 1st respondent is the candidate nominated by the 2nd respondent as its candidate in the forthcoming general elections to contest for the seat of Ogbia Federal Constituency of Bayelsa State in the House of Representatives of the National Assembly. The 1st respondent was allegedly nominated as the winner of the primary election conducted by the 2nd respondent to select its candidate for the election.

​The 1st and 2nd appellants, who did not participate in the primary election from which the 1st respondent …

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