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GARBA
V.
JEN & 2 ORS

(2023) JELR 113104 (CA)

Court of Appeal 16 Jan 2023 Nigeria
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Case Details

Suit Number:CA/YL/231/2022.
Judges:ISAIAH OLUFEMI AKEJU, JCA HABEEB ADEWALE OLUMUYIWA ABIRU, JCA MOHAMMED LAWAL ABUBAKAR, JCA
Counsel:Boniface Iorikumur, Esq. Learned Counsel for the Appellant. Ganki Hassan, Esq. with G. T. Ieave, Esq. Learned Counsel for the 1st Respondent. J. O. Oguche, Esq. with Martin Milkman, Esq. Learned Counsel for the 2nd Respondent. S. D. Toklen, Esq. Learned Counsel for the 3rd Respondent.
Location:Yola

MOHAMMED LAWAL ABUBAKAR, JCA (Delivering the Leading Judgment): The appeal is against the judgment of the Federal High Court, Jalingo delivered on 10th November, 2022 (hereinafter referred to as the trial Court).  At the trial Court, the Appellant as Plaintiff commenced his action by way of an Originating Summons in which three (3) questions for determination were raised and in consequence sought six (6) reliefs. The questions are as follows:-

  1. WHETHER having regard to the express and unambiguous provisions of section 84(12) of the Electoral Act 2022 (…..), the 1st Defendant being the provost of Taraba State College of Education Zing (a political appointee) without resignation of his appointment can validly participate in the nomination of candidate by the 2nd defendant of Karim Lamido 1 Constituency of Taraba State House of Assembly?

  2. WHETHER having regards to the express provision of Section 84(12) of the Electoral 2022(…..), the 2nd Defendant was right to have allowed the 1st Defendant…

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