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ABDULLAHI
V.
LOKO & ORS

(2022) JELR 109924 (SC)

Supreme Court 16 Mar 2022 Nigeria
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- The Supreme Court set aside the decisions of the lower courts, holding that the 1st Respondent’s pre-election suit was statute barred, having been filed more than 14 days after the event complained of (the political party's submission of

Case Details

Suit Number:SC.CV/41/2022
Judges:Olukayode Ariwoola JSC Amina Adamu Augie JSC Uwani Musa Abba Aji JSC Mohammed Lawal Garba JSC Adamu Jauro JSC
Counsel:MR. ABDUL MOHAMMED, SAN, WITH HIM, ABDULGHANI ROTIMI AROBO, ESQ. C.N. ONYIA, ESQ., KHALIFA IBRAHIM SHUAIBU, ESQ. AND SAHABIDDEEN MUSA ISA, ESQ. for the Appellant; MR. MATHEW BURKAA, SAN, WITH HIM, P. YAKUBU, ESQ., T. J. AUNDO, ESQ., A.T. HASSAN, ESQ. AND I. AHMAD, ESQ. for the 1st Respondent; SARAFFA YUSUFF, ESQ., WITH HIM, MONSURU LAWAL, ESQ. for the 2nd Respondent; BASHIR M. ABUBAKAR, ESQ. WITH HIM, S. N. IBRAHIM, ESQ. for the 3rd Respondent.

ADAMU JAURO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Abuja division affirming the judgment of the High Court of the Federal Capital Territory, Abuja which granted the prayers of the 1st Respondent sought on the face of his amended originating summons filed on 10th September, 2021. 

STATEMENT OF FACTS 

The 2nd Respondent conducted a primary election to elect its Chairmanship candidate for Abaji Area Council of the Federal Capital Territory at which five aspirants including the Appellant and 1st Respondent participated. The Primary election was held on 23rd April, 2021 in accordance with the Constitution of the 2nd Respondent and Guidelines issued by the 2nd Respondent. At the conclusion of the primary election exercise, the 1st Respondent was declared winner with 150 votes as against the Appellant who scored 123 votes. The 1st Respondent deposed in his affidavit in support of his amended originating summons that, contrary t…

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