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JEGEDE
V.
POROYE & ORS

(2016) JELR 40812 (CA)

Court of Appeal 23 Nov 2016 Nigeria
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- The instant appeal arose from a post-judgment ruling of the Federal High Court. - The respondents filed an action seeking the determination of various questions related to the recognition of officers of the Peoples Democratic Party in dif

Case Details

Suit Number:CA/A/551C/2016
Judges:IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Counsel:1. Chief Wole Olamipekun, SAN with him, Chief Ifedayo Adedipe, SAN; Mr. Dayo Akinlaja, SAN; Sam Kargbo; Soji Olowolafe; J. O. Makinde; Osita Nwanjo; Ademola Ekundayo; Olumide Ogunje; Ngozi Azuka-Molokwu (Mrs.); Adeleke Alex-Adedipe; Balarabe Akinwunmi; Aisha Aliyu (Mrs.); Bolarinwa Awujoola; Vanessa Onyemauwa (Miss); Ademola Oyelayo; Fidelis Adedipe; Desmond Wole Agbede; O. Adefusi-Owate; Diana Ariaku (Miss) For Appellant 1. B. E. I. Nwofor, SAN 2. R. A. Oluyede, SAN for 1st - 9th RespondentsNelson Anih for 10th RespondentGodswill Mrakpor for 11th Respondent For Respondent

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is a fall-out of the post-judgment ruling of the Federal High Court, Abuja Judicial Division, delivered on October 14, 2016 in Suit No: FHC/ABJ/CS/395/2016, by Abang J.

BACKGROUND FACTS

The genesis of the instant appeal is traceable to June 7, 2016. That was the day the 1st-9th Respondents instituted an action vide an Originating Summons (FHC/ABJ/CS/395/2016) in the Court below, seeking the determination of various questions raised therein.

1. Whether upon a community interpretation of the provisions of Section 223(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 35(3) of the Electoral Act 2010 as amended, Articles 47(1) and 49(1) of the Constitution of the Peoples Democratic Party along with the letter dated 12th, 13th, 16th and 18th May 2016 respectively issued under the hand of the National chairman and National Secretary of the Peoples Democratic Party on be…

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