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BARRISTER FRANC FAGAH UTOO v. ALL PROGRESSIVES CONGRESS & ORS

(2018) JELR 41915 (SC)

Supreme Court  •  SC.93/2017  •  20 Apr 2018  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MUSA DATTIJO MUHAMMAD JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; CHIMA CENTUS NWEZE JSC; EJEMBI EKO JSC;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, J.S.C (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Abuja Division in appeal No. CA/A/128/2016 delivered on 9th December, 2016 in which the Court dismissed the appeal of appellant against the judgment of the High Court of the Federal Capital Territory in suit No. CV/932/2015 delivered on the 15th day of December, 2015 dismissing the case of the plaintiff, now appellant before this Court. The instant appeal is therefore a further appeal by the appellant.

The facts of the case include the following:

On the 27th day of January, 2015, appellant, as plaintiff instituted an action vide an originating summons against the respondents in which he called for the determination of the following questions:-

1. WHETHER the 1st Defendant acted in accordance with Sections 31 (1) and 87 (4) (c) (ii) of the Electoral Act, 2010 (as amended) to have forwarded the name of the 2nd Defendant to the 3rd Defendant as candidate in the …

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