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EYIBO
V.
ABIA & ORS.

(2012) JELR 34697 (SC)

Supreme Court 6 Jul 2012 Nigeria
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- The appellant challenged the validity of the PDP House of Representatives primaries for the Eket/Ibeno/Esit/Onna Federal Constituency (2011), seeking to set aside the primaries at Uyo (28th/29th January, 2011) in favour of his alleged aff

Case Details

Suit Number:SC.38/2012
Judges:FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
Counsel:Chief Wole Olanipekun, SAN, Paul Erokozo, SAN, A. Akeredolu (Mrs), Olugbenga Adeyemi, F. R. Onoja, Udeoyibo Kelechi, Lekan Lasaki, Aisha Ali, E. Ibe Gbunam, T. S. Adegbite, Samuel Abbah, Patrick Abang Okey Uzoho, M. C. Nneji, Nelson Uzoegbo, Barbara Amosun, Micheal Ajara, Patrick Abang, Swaben Audu, Eru Ekere, Synda Obaji and Joshua Alubo For Appellant L. O. Fagbemi, SAN., James Ocholi, SAN., A. O. Popoola, B. A. Oyun, Akeem Omoru, Yjide Olarinde (Miss) and G. A. Ashaolu for the 1st Respondent.Ahmed Raji, with him, Zekeri Garuba, Ozeigbe Omo-Eghareuba, Aishat Bajeh, and Oluwatoyin Durosaro for the 2nd Respondent.Chief Olusola Oke, O. K. Akinyibo and M. Kilani (Miss) for the 3rd Respondent For Respondent

FRANCIS FEDODE TABAI, J.S.C. (Delivering the Leading Judgment): The action culminating in this appeal was commenced by way of an originating motion at the Abuja Judicial Division of the Federal High Court. It was dated and filed on the 11th of February, 2011. The Appellant herein was the Applicant at the trial High Court. The Respondents herein were also the Respondents therein. However, while the 1st Respondent herein was the 3rd Respondent at the trial High Court, the 2nd and 3rd Respondents herein were therein the 1st and 2nd Respondents respectively. Against the Respondents, the Applicant/Appellant claimed the following four reliefs:-

"1. AN ORDER setting aside the primaries purportedly held at Uyo Township stadium on 28th and 29th January, 2011 at which Mr. Dan Abia was purportedly elected as the candidate of the Peoples Democratic Party for election to office as Member of the House of Representatives representing Eket/Ibeno/Esit/Onna Federal Constituency for the 2011 general ele…

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