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BALA
V.
DIKKO & ORS.

(2012) JELR 33994 (SC)

Supreme Court 7 Dec 2012 Nigeria
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Suit Number:SC.339/2011
Judges:MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Counsel:A. I. Aderogba with H. A. Osigbemhe and M. N. Mba (Mrs.) For Appellant Steve Adehi for the 2nd Respondent. 1st, 3rd, 4th and 5th Respondents absent and not represented but served. For Respondent

MAHMUD MOHAMMED, J.S.C. (Delivering the Leading Judgment): On 21/11/2009, the Peoples Democratic Party (PDP) conducted primaries for the nomination of its candidates for the Federal Capital Territory Chairmanship election into Area Councils within the Territory.

At the end of the exercise Mr. Peter Yohanna, the 2nd Respondent in this appeal, emerged as the candidate of the Peoples Democratic Party (PDP) having polled the highest number of votes at the primaries for Bwari Area Council. As required by law, the 2nd Respondent nominated Hon. Abubakar Bala, the Appellant in this Court who was the applicant in the Court below, as his running mate for the Bwari Area Council Chairmanship/Vice Chairmanship election slated for 10/4/2010. However less than 60 days to the date of the Federal Capital Territory Area Council election, the 3rd Respondent in this Court, Independent National Electoral Commission (INEC),on 8/3/2010 published a list of candidates for the said election for various Politi…

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