(2014) JELR 40202 (CA)    

Court of Appeal  ·  CA/A/490/2012 ·  31 Jan 2014 ·  Nigeria
AMIRU SANUSI Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MOORE A. A. ADUMEIN Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
grounds of appeal
29th january
notice of appeal
federal judge
4th january
independent national electoral commission
learned counsel
supreme court
political party
kogi state house of assembly
peoples democratic party
2nd defendant
general election
learned federal judge
brief of argument
order of perpetual injunction
re-run primaries of 29th january
court of appeal rules
learned silk
federal high court
conduct of party primaries
learned trial
legal effect
3rd defendants
advantage of an illegal act
candidate of a political party
case of lado
competence of the appeal
decision of the trial court
documentary exhibits
hearing of the appeal raise
judgment of the learned trial judge
local government area of kogi state
manuals of the electoral act
members of the peoples democratic party
notice of preliminary objection
notices of appeal
party constitution
party hierarchy
provisions of order
purpose of the conduct
ratio decidendi of the judgment of the lower court
resolve issues of participation
see lazard brothers
substantive provision of the act
valid grounds of appeal
valid issue

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): The appellant and the 1st respondent are members of the Peoples Democratic Party in Olamaboro Local Government Area of Kogi State. The Party conducted primaries on 4th January, 2011 to elect a candidate who would subsequently contest the April, 2011 election into Olamaboro Constituency into the Kogi State House of Assembly. Though conducted within the time stipulated by the Independent National Electoral Commission the primaries it would appear were marred by irregularities/violence followed by complaints/protests hence a re-run was ordered by the Party hierarchy which took place on 29th January, 2011.

The 1st respondent contended that his name should have been forwarded by the Party to the Commission based on the primaries held on 4th January, 2011 where he had 302 votes while the appellant scored only 6 (six) votes. That the purported re-run primaries of 29th January, 2011 should be declared invalid having been conducted aft…

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