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ABIA
V.
EYIBOH & ORS

(2012) JELR 39139 (CA)

Court of Appeal 27 Jan 2012 Nigeria
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Case Details

Suit Number:CA/A/344/2011
Judges: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
Counsel:L.O. Fagbemi SAN with A.O. Popoola, A.F. Yusuf, Akeem Umoru, J.O. Nwota (Miss) and G.A. Ashaolu For Appellant Wole Olanipekun, SAN with Israel Usman, Dr. Olubumi Ayeni, Gbenga Adeyemi, F.R. Onoja, Samuel Abbah, and J.D. Musa for 1st Respondent.Adeola Adedipe with Zekeri Garba for 2nd Respondent.Chief Olusola Oke with J.O. Mafo and Mulikat Kilani (Miss) for 3rd Respondent. For Respondent

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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