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ADEOGUN & ORS
V.
FASHOGBON & ORS.

(2008) JELR 33581 (SC)

Supreme Court 30 May 2008 Nigeria
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- The plaintiff (Fashogbon) challenged his substitution by the PDP with the 1st defendant (Adeogun) as the party’s candidate for the Ife Federal Constituency in the April 21, 2007 House of Representatives election, seeking declaratory and i

Case Details

Suit Number:SC.183/2007
Judges:NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria
Counsel:Chief Akinlolu Olujinmi SANChief W. AfehoroO. Olujinmi AkinsolaOlujinmi Aletedaye For Appellant L. O.Fagbemi SANSoji OlowolafeO.O PopoolaI. G. AraroumaO.O Ogunmola For Respondent
Other Citations:Adeogun v. Fashogbon (2008) 17 NWLR (Pt. 1115) 149 S.C. (2008) 5-6 S.C. (Pt.I) 23 (2008) 5-6 S.C. (Pt.I) 23

F.F. TABAI, J.S.C. ( Delivering the Leading Judgment): The action which has given birth to this appeal was commenced at the Abuja Division of the Federal High Court on the 16/2/2007 when the writ of summons was issued. The plaintiff is the appellant in the substantive appeal pending at the Court below but the 1st Respondent in this appeal before us. The 1st and 2nd Defendants are also the 1st and 2nd Respondents in the said substantive appeal at the Court below but are the appellants before us.

In their motion filed on the 23/4/2007, at the Court below the two defendants/respondents prayed the court for:

"An order striking out this appeal on the grounds

(a) that the court no longer has jurisdiction to entertain or determine same.

(b) that the appeal has become purely academic or hypothetical."

The grounds for the application -are contained in paragraphs 3, 4, and 5 of the affidavit in support. The said paragraphs state:

"3. That the claims of the appellant (plaintiff) relate to his a…

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