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JOSEPH
V.
PEOPLES DEMOCRATIC PARTY & 2 ORS

(2020) JELR 112995 (CA)

Court of Appeal 18 Mar 2020 Nigeria
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- The Appellant challenged the eligibility of the 3rd Respondent to contest the Kogi State Governorship election, alleging the submission of false information and a forged primary school certificate in the INEC Form CF001, pursuant to Secti

Case Details

Suit Number:CA/A/51/2020
Judges:STEPHEN JONAH ADAН, JCA YARGATA NIMPAR, JCA МОНАМMED BABA IDRIS, JCA
Counsel:G. E. Ezenko SAN with I. Ezenko, M. Enahoro Ebah and C. L. Egbuchimen for the Appellant. E. Enoidem with N. N. Asobinarin for the 1st Respondent. A. Sani with F. Ajowunsi for the 2nd Respondent. J. S. Okutepa SAN with E. Uko, O. S. Apeh, N. Onyema and H. J. Apeh for the 3rd Respondent.
Location:Abuja

MOHAMMED BABA IDRIS, JCA (Delivering the Leading Judgment): By an Originating summons filed on the 27th of September, 2019 before the Federal High Court, sitting in Lokoja, the Appellant who was Plaintiff at the trial, sought for the determination of the following questions:

  1. Whether having regard to the clear and unambiguous provisions of Section 31(5) and (6) of the Electoral Act 2010 (as amended), 3rd Defendant's INEC FORM CFO01 and the Primary School Certificate, bearing Number: 910922 attached therewith and submitted to the 2nd Defendant by the 1st and 3rd Defendants, contain false information regarding the 3rd Defendant's Primary School certificate.

  2. Whether having regard to the clear and unambiguous provisions of Section 31(5) and (6) of the Electoral Act 2010 (as amended) vis-a-vis 3rd Defendant's INEC FORM CFO01 and the Primary School Certificate, bearing Number: 910922 attached therewith and submitted to the 2nd Defendant by the 1st and 3rd Defendants, the 3rd Defendant is disqu…

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