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INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)
V.
LABOUR PARTY & ORS

(2023) JELR 111402 (CA)

Court of Appeal 11 Apr 2023 Nigeria
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- The Respondent (a political party) sought judicial interpretation of sections 31, 33, and 36 of the Electoral Act 2022, asserting it was within the statutory period to submit names of candidates emerging from substitution primaries held o

Case Details

Suit Number:CA/ABJ/ CV/271/2023
Judges:PETER OLABISI IGE JCA UGOCHUKWU ANTHONY OGAKWU JCA DANLAMI ZAMA SENCHI JCA
Counsel:Fortune I. Ugwumba Esq. for the Appellant; Akingbade Oyelekan Esq. for the Respondents.

DANLAMI ZAMA SENCHI, JCA. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal High Court sitting in Abuja in Suit No. FHC/ABJ/CS/2101/2022 delivered on the 2nd February, 2023 by I.E EKWO, J.

The Appellant (as Respondent) at the Trial Court was sued by the Respondents (Applicants) at the Trial Court seeking the determination of the following sole question:-

"whether considering the express provision of sections 31, 33 and 36 of the Electoral Act 2022, the 1st Applicant is still not within time to submit lists of her candidates that emerged from her substitution primaries which took place on the 20th day of October 2022 for the forthcoming general election."

In its Originating Summons dated 13th November, 2022 and filed on 14th November, 2022 the 1st Respondent asked the above question, the 1st Respondent equally seeks an Order or relief in the Originating Summons in the event the question was answered in its favour:-

''An Order of the Honourable Court d…

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