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HON. YAHAYA AHMED YINUSA & ANOR v. ALHAJI MUHAMMED SHAABA LAFIAGI & ORS

(2017) JELR 33317 (CA)

Court of Appeal  •  CA/IL/46/2016  •  2 Mar 2017  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the judgment of O. O. Oguntoyinbo J, of the Federal High Court Ilorin in suit No FHC/IL/58/2015, between Hon. Yahaya Ahmed Yinusa and One Or. v. Alhaji Muhammed Shaaba Lafiagi and two Ors, delivered on the 19th of April, 2016.

The brief facts that generated this appeal commenced upon a complaint by the appellants by way of an Originating summons dated the 22nd of September, 2015 and filed on the 23rd of September, 2015 wherein the appellants posed the following questions.

1. Whether by virtue of the mandatory provisions of Sections 85 and 87 of the Electoral Act 2010 (as amended), the purported Notice issued by the 2nd Defendant to the 3rd Defendant for the conduct of its (Defendants) Kwara North Senatorial primary election for Kwara State, vide a letter dated 18th November, 2014 and its subsequent purported primary held on 8th December, 2014 or any date at all was not a nullity.

2. Whether by virt…

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