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ABIOYE
V.
ISMAIL & ORS

(2023) JELR 110420 (SC)

Supreme Court 7 Feb 2023 Nigeria
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- The case involves a dispute over the outcome of a primary election for the Ifelodun/Offa/Oyun Federal Constituency. - The first Respondent claims to have won the primary election and filed a suit seeking a declaration that he is the candi

Case Details

Suit Number:SC.CV/1649/2022
Judges:Chima Centus Nweze JSC Amina Adamu Augie JSC Mohammed Lawal Garba JSC Helen Moronkeji Ogunwumiju JSC Emmanuel Akomaye Agim JSC
Counsel:Ayinla Salman Jawondo, (SAN), with him, R. O. Yusuf, Esq. and G. E. Adole, Esq. for the Appellant; Wahab Ismail, Esq. - for 1st Respondent Azeez Adebayo, Esq. for the 2nd Respondent; S. O. Ajayi, Esq. for the 3rd Respondent.

AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): The Appellant and first Respondent were among the Aspirants that contested the Primaries conducted by the second Respondent for the Ifelodun/Offa/Oyun Federal Constituency on 27/5/2022, which was monitored by third Respondent. In its Report, the third Respondent listed the nine Contestants, and stated thus: 

Winner emerged immediately after the counting. Hon. Tijani Kayode Ismail won having scored the highest total number of 87 votes. 

While waiting for his nomination as the candidate of the Party, first Respondent heard about the moves being made to disregard the outcome of the Primaries and sponsor the Appellant, who scored 52 votes, as the candidate of the Party. 

His solicitors wrote a letter dated 31/5/2022 and titled Notice of Rejection of Planned Rerun Primaries to the Party's National Chairman, part of it reads:

It is our client's position that he emerged a clear winner in the Primaries and a rerun Primary Election is …

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