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JEV
V.
IYORTYOM

(2014) JELR 56680 (SC)

Supreme Court 30 May 2014 Nigeria
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Case Details

Suit Number:SC. 164/2012
Judges:WALTER SAMUEL NKANU ONNOGHEN JSC (Presided) SULEIMAN GALADIMA JSC BODE RHODES-VIVOUR JSC KUMAI BAYANG AKA’AHS JSC JOHN INYANG OKORO JSC (Read the Lead Judgment)
Counsel:S. T. Hon. SAN (with him, A. Akaanger, Esq., J. S. Awinde, Esq., -*- D.O. Penda, Esq., E. S. Njoka, Esq., S. T. Udu, Esq.) - for the Appellant. -*- Yusuf Ali, SAN (with him, A. A. Oke, Esq., E. C. Teeve, Esq., Wahab Ismail, Esq., AlexAkoja, Esq., N. N. Adegboye, Esq., K. T. Usman (Miss), Mohammed Shehu, Esq., P. I. Ikegbu (Mrs.), Safinat -*- Lamidi (Miss), H.Y. Sheikh (Miss), Y.R. Waziri, Esq - - for the 1st Respondent. -*- M. A. Magaji, SAN (with him, Oluscgun Jolaawo, Esq., Uche V. Obi, Esq., Joshua Olobo, Esq., K. N. Azie, Esq., Dame Ibegbu, Esq. and Folu Adedeji (Miss) - for the 2nd Respondent. -*- Olufunke Agboyade (Ms) SAN (with her, Boma Ozobia (Mrs.)] - -*- for the 3rd Respondent.

OKORO JSC (Delivering the Lead Judgment): This appeal is against the decision of the Court of Appeal,Makurdi Division, delivered on7 March 2012, which affirmed the judgment of the Federal High Court, Makurdi, which had found in favour of the plaintiff/1st respondent and granted the reliefs sought by him.

The facts of the case giving birth to this appeal may be summarized as follows: On 12 January 2011, the 2nd appellant conducted the primary elections to choose its candidates for various elective offices in Nigeria at the general elections scheduled forApril, 2011. On that same day, the Action Congress of Nigeria (now All Progressive Congress (APC) 2nd appellant) conducted its primary election in Buruku Federal Constituency of Benue State to choose its House of Representatives’ candidate for that amongst the 1st appellant, the 1st respondent and one John Tine. At the end of the primary election, the 3rd respondent, Engr. Mozeh as head of the Electoral Committee of the 2nd appellant, …

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