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SENATOR ABUBAKAR SADDIQ YARDUA & ORS v. SENATOR ABDU UMAR YANDOMA & ORS

(2014) JELR 36305 (SC)

Supreme Court  •  SC.4/2014 (CONSOLIDATED)  •  19 Dec 2014  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC; MUSA DATTIJO MUHAMMAD JSC;

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): By their amended originating summons filed on the 19th April 2012, the 1st to the 10th respondents in appeal No. SC.4/2014 commenced Suit No FHC/ABJ/CS/1042/2011 at the Federal High Court, hereinafter referred to as the trial court, sitting at Abuja, against the appellants and the 11th - 14th respondents seeking answers to the following questions:-

"1. Whether upon a proper construction of Section 68(1) of the Electoral Act 2010, as amended, the 1st Defendant has the power to review, either directly or indirectly, the return of the Plaintiffs by their respective returning officers, by purporting to withdraw the certificates of return issued to them consequent upon the said return.

2. Whether upon a proper construction of Section 75(1) of the Electoral Act 2010, as amended the 1st Defendant has the power to nullify, withdraw or render void and invalid the certificates of return issued to the Plaintiffs upon their being re…

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