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HUSSAINI ISA ZAKIRAI V. SALISU DAN AZUMI MUHAMMAD & ORS

(2017) JELR 38112 (SC)

Supreme Court  •  SC.433/2015  •  28 Apr 2017  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Appearances
Nureini Jimoh, Esq. with him, Abduwahhab Muhammad, Esq., Ogbonna C. Ejekwu, Esq., O.F. Ososasona Esq. and Fengak O. Gokir, Esq. For Appellant Usman Umar Fari, Esq. with him, Uthman Nuhu Sambo, Esq. and Usman H. Mustapha Esq. for the 1st Respondent.R.A.O Adegoke, Esq. with him, Dare Oketade, Esq., Ayotunde Ogunleye, Esq., Tejumola Abiola-Okoke (Miss), Mary Joy Sampson (Miss), Oluwaseye Afolabi, Esq.and Chioma Udonsi (Miss) for the 2nd Respondent.Y. A. Kadiri, Esq. and C. O. Alafe, Esq. for the 3rd Respondent.H.O. Ben lJmar (Mrs.) with him, Hadiza Saleh Jambo (Miss) and A. A. Abdulraheem, Esq., for the 4th Respondent For Respondent

Judgement

AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): This Appeal relates to a pre-election matter, and it turns substantially on the issue of service outside jurisdiction. The first Respondent filed an action by way of originating Summons against the Appellant and other Respondents at the Federal High Court, Kano [trial Court], wherein he presented the following question for determination-

Whether the 3rd Defendant can publicize, recognize and include the name of the 2nd Defendant or deal with him as the candidate of 1st Defendant (APC) to contest election into Kano State House of Assembly representing Gabasawa Constituency of Kano State scheduled to take place on 28/2/2015, the plaintiff having scored the majority of the lawful votes cast at the primary election held by the 1st Defendant on 2/12/2014 in Gabasawa Local Government Area of Kano State for the purpose of presenting a candidate of the Party for election into Kano State House of Assembly to represent Gabasawa Constit…

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