ETIM
V.
AKPAN & ORS

(2018) JELR 38866 (SC)    

Supreme Court  ·  SC.1057/2017 ·  6 Jul 2018 ·  Nigeria
 · 
Other Citations
Etim v. Akpan (2019) 1 NWLR (Pt. 1654) 451
CORAM
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
primary election
lower court
evidence
trial court
1st respondent
senior counsel
2nd respondent
declaratory reliefs
1st defendant
2nd defendant
order of this honourable court
primary elections
result sheet
electoral act
electoral panel
statement of claim
record of appeal
3rd respondent
general election
prejudice of the plaintiff
provisions of its constitution
results of the primary election
said election
1st defendant lacks competence
7th day of december
injunctive reliefs
political party
results of its nomination processes
admissibility of evidence
anor v. bella lajinfin
appellant all
conduct of the senatorial primaries
credibility of witnesses
credible evidence
decision of the federal high court
edem v. cankon balls ltd
following questions
highest vote
judgment of the court of appeal
leading judgment
name of the 1st respondent
pt iv
respect of appeals nos ca
returning officers
senior counsel kanu agabi
summary of the facts
testimony of pw3

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Calabar Division, hereinafter referred to as the lower Court, in respect of Appeals Nos CA/C/87/2017 and CA/C/104/2017 delivered on 30th day of November 2017, setting aside the decision of the Federal High Court sitting in Uyo, hereinafter referred to as the trial Court, in suit No. FHC/UY/CS/1087/2015. Hereinunder is supplied a summary of the facts that brought about the appeal.

The 2nd respondent, the P.D.P. a registered political party, with the view to nominating its candidate for the Akwa Ibom North East Senatorial Seat in the 2015 general election, conducted its primary election on the 7th day of December 2014. The appellant, 1st respondent and others contested the said primary election at the end of which the name of the 1st respondent who had polled the highest vote was forwarded to the 3rd respondent by the 2nd respondent as its candidate for the Senator…

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