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MAILANTARKI
V.
TONGO & ORS

(2017) JELR 38031 (SC)

Supreme Court 2 Jun 2017 Nigeria
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- The Appellant, an APC aspirant, challenged the party’s nomination process for the Gombe-Kwami-Funakaye Federal Constituency, claiming the declared winner was ineligible and seeking enforcement of a party appeals committee decision in his

Case Details

Suit Number:SC.792/2015
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Counsel:Y.C. Maikyau, SAN with him, T.R. Agbanyi, N. Obazi - Obi. Esq., T.A Rapu (Miss), Mohammed Adelodun, Esq., P.A. Joseph, Esq., Abdulrahman Belgore, Esq., H.A. Matunji (Miss), C.P. Nwozor (Miss), A.C. Ekwuoba. Esq., Nuratu Umar (Miss) and Sadiq Mohammed, Esq. For Appellant Hassan M. Liman, SAN with him, Messrs M.B. Usman, A. I Abbas, Y. D. Dangana, Esq., Fatima Bukar (Miss), E. Henry (Mrs), Maimuna Abubakar Ahmed (Mrs), Sadiq Ibrahim El-Yakub, Esq. and Winifred Elizabeth Atu (Miss) for 1st Respondent.Emmanuel Ayoola, Esq. for 2nd respondent.I. M. Dikko, Esq. with him, Messrs A.T. Hassan, Esq., A Adams A. Esq. and Danladi Mashaf for 3rd Respondent. For Respondent
Other Citations:(2018) 6 NWLR (Pt. 1614) 69

EJEMBI EKO, JSC (DELIVERING THE LEADING JUDGMENT): The Appellant was the Plaintiff at the High Court of the Federal Capital Territory. He took out the suit on the Originating Summons praying for the following reliefs:

1. A DECLARATION that the 1st Defendant is bound to enforce the decision of its National Assembly Election Appeal Committee, Gombe State appointed by the National Working Committee of the 1st Defendant, which report disqualified the 1st Defendant herein for being ineligible to contest, therefore making the plaintiff the bonafide candidate of the 1st Defendant having scored the highest lawful votes in the just concluded party primaries held on the 8th of December, 2014 with respect to Gombe-Kwami-Funakaye Federal House of Representative elections in Gombe state.

2. A DECLARATION that by virtue of the combined provisions of Article 20(iv) (b) and (c) of the Constitution of the All progressives Congress (APC), vis-a vis the 2014 Guidelines for the Nomination of Candidates for…

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