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ACTION CONGRESS & ANOR

(2007) JELR 48199 (CA)

Court of Appeal 3 Apr 2007 Nigeria
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Suit Number:CA/A/71/2007
Judges:UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria ABDUL ABOKI Justice of The Court of Appeal of Nigeria
Counsel:Chief J. K. Gadzama, SAN (with him, Bolaji Ayorinde, SAN; L. Abana Esq.; E. I. Okoli, Esq.; O. Anozie, Esq.) For Appellant Rickey Tarfa, SAN (with him, Adeniyi Akintola, SAN; Emeka Ngige, SAN; Adetunji Oyeyipo; O. Shitten; Dr. Ladan; H. A. Nganjura; J. O. Odubela; O. Jolaawo; R. Okotie-Eboh; M. Kolo; D. Tarfa; F. Bisong; A. S. Omotosho; H. Kwabe; M. S. Ibrahim; C. Anikweze; Y. Pitan; E. Okodaso; J. Alobo; K. D. Obiora) For Respondent
Other Citations:(2007) 6 NWLR (Pt. 1029)142

ABDULLAHI, P.C.A. (DELIVERING THE LEADING JUDGMENT): The plaintiffs who are now respondents and cross-appellants in this appeal took out an originating summons asking for the following reliefs:-

"I. A declaration that the defendant has no power under the provisions of the Constitution of the Federal Republic of Nigeria; 1999, the Electoral Act, 2006, and the Independent National Electoral Commission (Establishment, Etc) Act, Cap. 15, Laws of the Federation, 2004 to conduct any verification of the credentials/papers and/or screening out and/or disqualifying candidates including the 2nd plaintiff for the 2007 general elections.

II. A declaration that by the provisions of section 32 of the Electoral Act, 2006, only the 1st plaintiff a political party has the power to verify and or screen out its candidates before sponsoring them for election by forwarding their names to the defendant.

III. A declaration that the defendant has no power under the Constitution of the Federal Republic of Nigeri…

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