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ADEGBOLA
V.
OSIYI & ORS

(2017) JELR 38034 (SC)

Supreme Court 2 Jun 2017 Nigeria
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- The appellant challenged the nomination of the 1st respondent as the candidate for the Ogori/Magongo Kogi State Constituency in the 2015 House of Assembly elections by instituting an action at the Federal High Court, Lokoja. - The 1st res

Case Details

Suit Number:SC.1005/2016
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Counsel:Ameh Anthony Prince, Esq. with him, Reuben Egwuaba, Esq. and G. Edoh, Esq. For Appellant Emeje Aruwa with him, Alex Audu, Esq. and E. A. Ekpa, Esq. for 1st Respondent. Sean Francis Kennedy Akaolisah, Esq. for 2nd Respondent.T. M. Inuwa, Esq. with him, Goni A. Ismail, Esq., Bashir M. Abubakar Esq.and I.D Mohammed for 3rd Respondent For Respondent

MUSA DATTIJJO MUHAMMAD, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division, delivered on the 4th November, 2016 affirming the ruling of the Federal High Court sitting at Lokoja, dated 15th November 2015. The brief facts of the case that brought about the appeal are as herein under supplied.

The 2nd respondent's primary election for the nomination of its Ogori/Magongo Kogi State Constituency candidate in the 11th April, 2015 House of Assembly General Elections, eventually held on 11th December 2014. With the victory of the 1st respondent at the primary election, the 2nd respondent forwarded his name to the 3rd respondent, the Independent National Electoral commission, as the party's candidate in respect of the Ogori/Magongo State Constituency in the forthcoming House of Assembly General Election. Aggrieved by this turn of events, the appellant, by way of an originating summons at the Lokoja Division of the Federal High Co…

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