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ISA (RTD)
V.
ABACHA & ORS

(2011) JELR 46098 (CA)

Court of Appeal 20 Apr 2011 Nigeria
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- The case concerned an intra-party dispute arising from the Congress for Progressive Change (CPC) direct gubernatorial primary election held in Kano State on 12 January 2011, where the 1st Respondent claimed to have won the primary but the

Case Details

Suit Number:CA/A/129/2011
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Counsel:Y. MAHMOUD with him are M. SHUAIB, M. J. AIGBE, M. S. YUSUF, H. GAMBO (MISS), VIVIAN BOSAH and. V. U. OBI For Appellant ABDULAHI HARUNA with him are R. O. ATABO, L. M. ARENGA, U. ANYEBE and P. S. CHECHEIA. B. MAHMUDMRS. V. O. AWOMOOLO with her are OLUWASANMI AIYEMOWA and EPHRAIM AJIJOLA For Respondent

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Federal High Court, Abuja in Suit No: FHC/ABJ/CS/114/2011 delivered on 4th day of March, 2011.

The 1st Respondent who was the Plaintiff at the lower Court commenced this Suit by Amended Originating Summons in which he claimed as follows:-

"(1) A DECLARATION that having conducted a direct Governorship Primary Election in Kano State on 12th January, 2011, for the purpose of nominating the 1st Defendant's Candidate for Kano State Governorship election slated for 16th April 2011, it is mandatory for the 1st Defendant to nominate the winner of the said primary election, as the party's flag bearer for the purpose of participating and contesting in the Governorship Election in Kano State slated for 16th April, 2011 in accordance with the Electoral Act 2010 and the 1st Defendant's guideline for nomination of candidates.

(2) A DECLARATION that the Plaintiff having scored the highest num…

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