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AMAECHI
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2007) JELR 39971 (SC)

Supreme Court 25 Oct 2007 Nigeria
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- The case involves a political party substituting a candidate for another within 60 days of an election. - The court had previously ruled that a party must provide cogent and verifiable reasons for the substitution. - In this case, the par

Case Details

Suit Number:SC.252/2007
Judges:ALOYSIUS IYORGYER KATSINA-ALU. J.S.C. Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria J.S.C. Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria J.S.C. Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria J.S.C. Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria J.S.C. Justice of The Supreme Court of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Supreme Court of Nigeria J.S.C. Justice of The Supreme Court of Nigeria
Counsel:I.O. Fagbemi, SAN (with him. Chief Awa Kalu, SAN; N.O.O.Oke, SAN; Steve DappaAdo; O. O. Olorundare; H. O. Afolabi;K O. Fagbemi; S. A. Oke; S. O. Adewoye; A. O. Popoola; B.A. Oyun and Wumi Oladujoye) For Appellant Chief Amaechi Nwaiwu, SAN (with him, O. Uba) - J. B. Daudu, SAN (with him, E. C. Ukala, SAN; Joe Agi, SAN;O. Wali, Esq.; C. Ihua-Maduenyi, Esq.; K U. Obayi, Esq. andKAkujom, Esq.) -J. K Gadzama, SAN (with him, R. O. Yusuf, Esq.; O. U.Ozumba, Esq.; E. J. Gamaliel, Esq. and H. Odangla [Miss]) For Respondent
Other Citations:Amaechi v. I.N.E.C. (No.3) (2007) 18 NWLR (Pt.1065) (2007) 7-10 S.C. 172

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): Let me start by thanking all the senior counsel for the parties for the adroit and impressive manner in which they have put across their arguments both in their different briefs and the oral arguments canvassed in support.

The issues in this appeal fall within a narrow compass. The starting point is the decision made by this court in Ugwu v.Ararume (2007) 12 NWLR (Pt. 1048) 367. The simple issue decided in that case is that a political party wishing to substitute a candidate for another within 60 days to the election must give cogent and verifiable reasons to INEC for the substitution sought. In the said ARARUME case, this court decided that to offer the reason framed as 'error' for a change of candidate is not in compliance with s.34(2) of the Electoral Act. 2006. In this case. the same reason relied upon by the respondent in substituting the appellant with the 2nd respondent is the word 'error' without more. Clearly in my view t…

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