BOKO
V.
NUNGWA & ORS

(2018) JELR 38670 (CA)    

Court of Appeal  ·  CA/MK/24/2016(2) ·  2 Nov 2018 ·  Nigeria
CORAM
JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd respondent
electoral act
appeal
1st respondent
2nd respondent
2nd respondents
primary election
lower court
kwande west state constituency
highest number of votes
supreme court
exhibits dk8
party primaries
case of the appellant
name of the 1st respondent
national working committee of the 2nd respondent
1st defendants name
absence of the chairman of the purported appeal panel
admissible copies of public documents
apc result sheet
benue state house of assembly election
counter affidavit of the 1st respondent
counter affidavit of the 2nd respondent
leading judgment
order of court
petition of the 1st respondent
support of personal particulars of persons
2nd defendants congress
2nd respondents appeal committee
3rd defendants forms ec 4b
3rd respondents forms ec4b
additional evidence
amended brief of argument
combine provisions of section
compound issue
determination of the following questions
express provision of sections
following briefs of argument
following issues
judgment of the federal high court
member of the 2nd respondent
nomination of its candidate
nomination of member of state house
notices of appeal
panel of this court
primary election committee of the 2nd respondent
proper candidate of the 2nd defendant
public offices
sudden appearance of the 1st defendants name
unwarranted publication of the 1st defendant

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Makurdi Judicial Division delivered on 19/11/2015 in suit No. FHC/MKD/CS/13/2015. In the judgment (tagged as ruling by the lower Court) the lower Court dismissed the case of the appellant.

The facts of the case leading to this appeal may be summarised as follows: The appellant, a member of the 2nd respondent, contested the 2nd respondents primary election held on 2/12/2014 for the nomination of its candidate for the Benue State House of Assembly election scheduled for 2015. He contested with other candidates including the 1st respondent.

According to the appellant, he scored the highest number of votes at the primary election and was declared the winner of the same. He was thereafter issued with 3rd respondents Forms EC4B(iii) (Form for nomination of Member of State House of Assembly) and CF001 (Affidavit in support of personal particulars of persons seeking elect…

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