(2021) JELR 109225 (SC)    
Supreme Court  ·  SC.939/2015 ·  10 Dec 2021 ·  Nigeria
Mary Ukaego Peter-Odili, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Mohammed Lawal Garba, JSC Ibrahim Mohammed Musa Saulawa, JSC Emmanuel Akomaye Agim, JSC

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Calabar Division, delivered on 3/9/2015 affirming the judgment of the Federal High Court, Calabar Judicial Division per A.F.A. Ademola, J. delivered on 1st June 2010.

The facts that gave rise to this appeal are as follows: The Peoples Democratic Party (PDP) held primary elections, in December 2006 to determine its candidate for the Uyo Federal Constituency of Akwa Ibom State in the General Election fixed for April 2007. The 1st respondent, Hon. Emmanuel Bassey Obot, emerged winner and was duly presented to the Independent National Electoral Commission (INEC) as the party's candidate. A dispute however arose when the 1st respondent's name was substituted with the name of another candidate

​On 5/12/2007, the Court of Appeal, Calabar Division in Appeal No. CA/C/45/2007, delivered judgment in favour of the 1st respondent and ordered the President…

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