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ALHAJI MUSTAPHA ALIYU WUSHISHI v. ENGR. MOHAMMED JIBRIL IMAM & ORS

(2017) JELR 38261 (SC)

Supreme Court  •  SC.123/2016  •  3 Mar 2017  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN 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 Holden at Abuja in appeal No. CA/A/255/2015 delivered on the 4th day of February, 2016 in which the Court dismissed the appeal of appellant against the judgment of the Federal High Court Holden at Minna in suit No. FHC/MN/CS/EPT/35/2014 delivered on the 25th day of March, 2015 whereby the Court struck out the pre-election suit of the appellant, then plaintiff, on grounds of lack of locus standi.

The facts relevant to the appeal include the following:-

The action was a pre-election matter in which appellant challenged the outcome of the primary election conducted by the All Progressive Congress (A.P.C.) for the nomination of its Governorship candidate in Niger State for the recently conducted 2015 general election.

Appellant is a card carrying member of the All Progressive Congress (A.P.C.) political party who desired to contest nomination of the party as the …

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