(2022) JELR 109119 (CA)    
Court of Appeal  ·  CA/ABJ/1025/2021 ·  2 Feb 2022 ·  Nigeria
Peter Olabisi Ige, JCA Ugochukwu Anthony Ogakwu, JCA Danlami Zama Senchi, JCA
Core Terms Beta
1st respondent
electoral act
lower court
3rd respondent
false information
2nd respondent
1st defendant
primary election
appellant’s reply
deliberate omission
public servant
appellant’s contention
1st respondent’s brief
2nd respondent’s brief
originating summons
secondary school
appellant’s action
appellant’s brief
fact of his resignation
false statement
false statements
federal high court
primaries of the 2nd defendant
appellant’s question no.
area council elections
briefs of argument
candidate of the 2nd respondent
chairmanship of the bwari area council
court of appeal rules
determination of the said questions
election of its candidate
exhibit f
facts of the case
following questions
following reliefs
independent national electoral commission
interest form exhibit c
issue of law
judgment of the lower court
lower court decision
primary elections
said action
said area council elections
said election
scarified judgment of the lower court
statute words
vital information

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): 

On 24th April, 2021, the All Progressives Congress, the 2nd Respondent in this appeal, conducted primary elections for the election of its candidate for the Chairmanship of the Bwari Area Council, at the Area Council Elections fixed by the Independent National Electoral Commission, the 3rd Respondent herein, to take place on 12th February, 2022.

The 1st Respondent emerged victorious at the said primary election and his name was submitted to the 3rd Respondent as the candidate of the 2nd Respondent. Upon the publication of his name, by the 3rd Respondent as a duly nominated candidate for the said Area Council Elections, the Appellant herein, contending that the 1st Respondent was not qualified to contest the said election instituted proceedings before the Federal High Court, Abuja Division in SUIT NO. FHC/ABJ/CS/503/2021: IBRAHIM ABDUL v. AUDI HARUNA SHEKWOLO and ORS. In the said action, which was commenced by Originati…

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