BABATUNDE
V.
LEKAN & ORS

(2021) JELR 109212 (CA)    
Court of Appeal  ·  CA/IB/359/2021 ·  30 Dec 2021 ·  Nigeria
CORAM
Ali Abubakar Babandi Gumel, JCA Mohammed Danjuma, JCA Muhammad Ibrahim Sirajo, JCA

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Ogun State sitting at Shagamu delivered by Tajudeen A. Okunsokan, J., on 21/10/2021, whereby the action of the Claimant (Appellant) commenced by way of Originating Summons, was struck out for want of jurisdiction. The background facts leading to this appeal, according to the Appellant, were that, as a card-carrying member of the All Progressives Congress (2nd Respondent), he, along with Hon. Osinowo Lekan (1st Respondent), Ogunfowora Olanrewaju and Oyetti Oluwafemi, contested the 2nd Respondent’s primary election to select the candidate for the Councillorship general election of Ward 3, Iperu Remo, Ikenne Local Government of Ogun State, held on 18/05/2021, where he emerged the winner with 11 votes, as against the 7 votes, 1 vote and 0 vote scored by the 1st Respondent, Ogunfowora Olanrewaju and Oyeti Oluwafemi respectively. The primary election was held after fai…

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