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JEREMIAH OTU INYANG & 2 ORS
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION & 4 ORS

(2022) JELR 112539 (CA)

Court of Appeal 7 Dec 2022 Nigeria
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Case Details

Suit Number:CA/ABJ/CV/1120/ 2022
Judges:UGOCHUKWU ANTHONY OGAKWU, JCA MOHAMMED MUSTAPHA, JCA DANLAMI ZAMA SENCHI, JCA
Counsel:Chief Gordy Uche, SAN (with I. S. Utuk & Francis Nsiegbunam Esq.) for the Appellants. Ikechukwu Duru, Esq. (with Ms. Edidiong Ekpo) for the 2nd Respondent Ochai J. Otokpa, Esq. ( holding the brief of Emmanuel Akpan/ Esq.) for the 3rd-5th Respondents.
Location:Abuja

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgment): The three Appellants are members of the Peoples Democratic Party (PDP), the 2nd Respondent herein. They are PDP Ward Chairmen for various Wards in Akwa Ibom State. By virtue of their position as Ward Chairmen, they are, by the Constitution of the Peoples Democratic Party, supposed to be "statutory delegates" who can vote at the primary elections of the 2nd Respondent. Preparatory to the primary elections of the 2nd Respondent in Akwa Ibom State which took place in May 2022, the 2nd Respondent issued a Press Statement to the effect that pursuant to Section 84 (8) of the Electoral Act, 2022, only those elected as delegates for the primary elections shall be eligible to vote at the primary elections. The 2nd Respondent proceeded and held its primary elections and the Appellants, who contend that they were eligible to vote by virtue of being "statutory delegates" under the 2nd Respondent's Constitution, did not vote at the s…

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