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ETIM
V.
AKPAN & ORS

(2018) JELR 38866 (SC)

Supreme Court 6 Jul 2018 Nigeria
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- The appellant challenged the nomination of the 1st respondent by the PDP as its candidate for the Akwa Ibom North East Senatorial seat following the party primary held on 7 December 2014, claiming he was the rightful winner based on a dis

Case Details

Suit Number:SC.1057/2017
Judges: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
Counsel:KANU AGABI, SAN, with him, Ogwu Onaja, Taiwo Abe, John Ochogwu Esq., and Peter Eriwode, Esq. For Appellant PAUL USORO, SAN, SOLOMON UMOH, SAN with him, Ini Utuk, lme Edem-Nse and Ejike Wogu - for 1st Respondent'G.A. UMOH with him, E. Enoidem and I. Ememdoong for 2nd . Respondent.ALHASSAN A. UMAR, with him, I. S. Mohammed and M. O. Ediawe Esq. - for 3rd Respondent. For Respondent
Other Citations:(2019) 1 NWLR (Pt. 1654) 451

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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