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ALL PROGRESSIVES CONGRESS (APC)
V.
SHEHU SALEH RIJAU & ORS

(2023) JELR 112686 (CA)

Court of Appeal 9 Feb 2023 Nigeria
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Case Details

Suit Number:CA/ABJ/CV/20/2023
Judges:PETER OLABISI IGE, JCA HAMMA AKAWU BARKA , JCA MOHAMMED MUSTAPHA, JCA
Counsel:U.B. Eyo for the appellant. C.P. Ocheaja Esq with N.G. Gotodok and B.U. Ezeala for the 1st respondent. Chris Osuagwu for the 2nd respondent. Zangana S. Gbaji for the 3rd respondent.
Location:Abuja

MOHAMMED MUSTAPHA, JCA (Delivering the Leading Judgement): This appeal is against the decision of the Federal High Court, Abuja, delivered on the 23rd of December, 2022, in Suit No. FHC/CS/48/2022, wherein the lower court found the 2nd Respondent to be the validly nominated candidate of the Appellant; and that the Primary Election of the 28th of May, 2022 from where the 1st Respondent emerged as the valid candidate was invalid.

Dissatisfied with the decision of the lower court, the appellant appealed by a notice of appeal filed on the 3rd of January, 2023 on the following grounds; see pages 1868 to 1882 of volume 3 of the record of appeal:

GROUNDS OF APPEAL:

GROUND ONE:

The learned trial Court Judge erred in law when he held thus;

“This Hon. Court places premium of the date of the event, action and decision complained about rather than mere knowledge of substitution of candidates by their political party. Therefore time begins to run as from the 24th June, 2022. I so hold based on the anal…

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