(2014) JELR 39871 (SC)    

Supreme Court  ·  SC.135/2012 ·  9 May 2014 ·  Nigeria
Other Citations
Ardo v. Nyako (2014) 10 NWLR (Pt. 1416) 591
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Core Terms Beta
electoral act
political party
adamawa state
gubernatorial election
2nd respondent
primary election
senior counsel
definition of the word
political office
2nd defendant
peoples democratic party
independent national electoral commission
statutory definition of the word
candidate of the 2nd defendant
candidate of the peoples democratic party
democratic party
electoral guidelines
gubernatorial primary of the 2nd defendant
primary elections
trial court
ward ad-hoc delegates
candidate of the party
constitution of the federal republic of nigeria
decision of the supreme court
definition of an aspirant
learned justices of the lower court
nomination of the candidate of the 2nd defendant
peculiar facts
previous decisions of the supreme court
special ward congresses
above issues
bonafide member of the party
conduct of the election
conduct of the gubernatorial primary election
constitutional provisions
court lacks jurisdiction
court of appeal
federal high court yola
following cases
general elections
governorship election
gubernatorial nomination
honourable court
intention of the national assembly
principal aim of the appellant
provision of section
said order

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The principal aim of the appellant in bringing this appeal is to persuade this Court to reverse itself on the decision regarding who an aspirant is in the following cases:

(a) Lado v. CPC (2011) 18 NWLR (Part 1279) 689;

(b) Uzodinma v. Izunaso (No.2)(2011) 17 NWLR (part 1275) 30;

(c) Ikechi Emenike v. Peoples Democratic Party and Ors (2012) 12 NWLR (part 1315) 556;

(d) PDP v. Timipre Sylva and 2 Ors/Timipre Sylva v. PDP and 2 Ors (2012) 13 NWLR (Part 1316) 85; and

(e) Emeka v. Okadigbo and 4 Ors (2012) 18 NWLR (part 1331) 55.

According to learned counsel for the appellant the definition of an aspirant in those cases is contrary to what the law provides in Section 156 of the Electoral Act, 2010 (as amended) and this has occasioned hardship and miscarriage of justice against the appellant as a person aspiring, striving or seeking to contest election to hold political office and is therefore urging this Court to revisit thos…

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