ADEBAYO & ORS.
V.
PDP & ORS.

(2012) JELR 49315 (CA)    

Court of Appeal  ·  CA/IL/31/2011 ·  5 Mar 2012 ·  Nigeria
CORAM
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria OBANDE F. OGBUINYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
exhibits
appellants
trial court
executive committee
counter-affidavit
national chairman of the 1st defendant
learned counsel
legal basis
1st defendant
2nd plaintiffs
3rd respondent
documentary evidence
learned trial judge
2nd respondents
respondents
state of affidavit evidence
governor of kwara state
issue number
kwara state chapter of the 1st defendant
order of the court
respect of the position of the leadership
tenure of office of party officers
4th defendant
authentic governorship candidate of the 1st defendant
constitution of the people democratic party
constitution of the peoples democratic party
federal high court
name of the 4th defendant
national chairman
peoples democratic party
state executive committee of the 1st respondent
3rd march
above case
alhaji abdul-fatai ahmed
defendants
elected chairman of pdp
executive committee of the 1st defendant
exhibits kwpdp
findings of the trial judge
kwara state chairman of the 1st defendant letter
late alhaji ahmad patigi
paragraph affidavit
provisions of the constitution of the 1st defendant
root of the authenticity of the parallel congress
state executive committee of the 1st defendant
view of the provision of articles

IGNATIUS IGWE AGUBE J.C.A. (Delivering the Leading Judgment): The Plaintiffs/Appellants by way of Originating Summons dated 17th February, 2011 commenced this suit at the Federal High Court, Abuja on the 18th of February, 2011. Subsequently, the suit was transferred to the Federal High Court, Ilorin Division before Faji, J. By the said Originating Summons the Plaintiffs/Appellants initially sued three Defendants/ Respondents but by a Memorandum or Conditional Appearance dated 3rd March, 2011, Alhaji Abdul-Fatai Ahmed sought to be and was accordingly joined as the 4th Defendant/Respondent. The 3rd Respondent (INEC) was later struck out at the hearing of the appeal on 5/12/11.

It would be recalled that the Plaintiffs/Appellants sought for the determination of three questions with three declaratory Reliefs and four consequential orders as enumerated in pages 14-16 of the Record of

Proceedings as follows:-

QUESTIONS FOR DETERMINATION:

(i) Whether or not in view of the provision of Article…

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