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INEC & ANOR
V.
MUSA & ORS

(2002) JELR 40756 (SC)

Supreme Court 8 Nov 2002 Nigeria
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- The plaintiffs brought an action against the defendants in the Federal High Court Abuja Division. - The plaintiffs sought various declarations regarding the registration of political parties in Nigeria. - The trial judge granted some of t

Case Details

Suit Number:SC.228/2002.
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Counsel:A. O. Eghobamien, SAN (with him, D. O. Okoh, Esq., O.O. Uzzi, Esq., N. I. Oghuma [Mrs], A. O. Okeaya-Inneh, Esq.,F.B. Abdullahi [Miss], H. O. Mark [Miss], I.J. Obasuyi [Miss] and O. Abanum, Esq.) - for the 1st Appellant. Rotimi Jacobs, Esq. (with him, G. Esegine, Esq.) - for the 2nd Appellant For Appellant Chief Gani Fawehinmi, SAN (with him, Alhaji Aliyu Umar, Mohammed Fawehinmi, Esq. and Adindu Ugwuzor, Esq.) for the Respondents For Respondent
Other Citations:(2002) 17 NWLR (Pt. 796) 412, INEC v. Musa (2002) 17 NWLR (Pt.796)412

M. L. UWAIS, CJN (Delivering the Leading Judgment): The respondents in this appeal were the plaintiffs in the Federal High Court Abuja Division (Adah, J.). They brought an action thereat against the appellants herein as defendants. In the originating summons commencing the action, the plaintiffs asked for the following reliefs:-

"1. A DECLARATION that the registration of political parties in Nigeria is governed by the provisions of the constitution of the Federal Republic of Nigeria, 1999.

2. A DECLARATION that the 1st defendant, Independent National Electoral Commission (INEC) cannot prescribe guidelines for the registration of political parties outside the conditions stipulated by the constitution of the Federal Republic of Nigeria, 1999.

3. A DECLARATION that guideline no. 3(a) contained in the 1st defendant's guidelines for the registration of political parties dated the 15th day of May, 2002 issued by the 1st defendant, Independent National Electoral Commission (INEC) but releas…

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