ABIA
V.
EYIBOH & ORS

(2012) JELR 39139 (CA)    

Court of Appeal  ·  CA/A/344/2011 ·  27 Jan 2012 ·  Nigeria
CORAM
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
pdp
primaries
onna federal constituency
29th january
trial court
28th january
hon. eseme eyiboh
onno federal constituency
pdp candidate
2nd respondent
electoral act
learned trial judge
affidavit of hon. eyina ukana eyina
chief olanipekun
election
general elections
uyo township stadium
electoral guidelines
federal high court
grounds of appeal
2nd defendant
7th january
candidate of the peoples
democratic party
fault of the plaintiff
political parties
10th january
1st defendant
affidavit of hon eseme eyibo
attempted primaries of 7th january
conduct of primary elections
face of unchallenged evidence
guidelines of the 1st respondent
honourable court
independent national electoral commission
justice of the case demands
leading judgment
mr. dan abia
name of the applicant
party constitution
present appellant
primaries election panel
said affidavit of hon. eseme eyiboh
submissions of chief olanipekun
view of the mandatory provisions of section
vital findings of the lower court

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): On 11th February, 2011 the 1st Respondent took out against the Independent National Electoral Commission (INEC), Peoples' Democratic Party (PDP) and Mr. Dan Abia (the present appellant) an originating motion wherein he claimed the following reliefs -

1. AN ORDER setting aside the primaries purportedly held at Uyo Township Stadium on 28th and 29th January, 2011 at which Mr. Don Abia was purportedly elected as the candidate of the Peoples' Democratic Party for election to the office as member of the House of Representatives representing Eket/Ibeno/Esit/Onna Federal constituency for the 2011 general elections.

2. AN ORDER setting aside the purported sponsorship of Mr. Don Abia as the candidate of the Peoples' Democratic Party for election to the office as member of House of Representatives representing Eket/Ibeno/Esit/Onno Federal Constituency for the 2011 general elections.

3. AN ORDER of injunction restraining the 1st Defendant (i.e…

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