(2018) JELR 39120 (CA)    

Court of Appeal  ·  CA/A/678/2017 ·  22 May 2018 ·  Nigeria
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
3rd respondent
political party
trial court
electoral act
grounds of appeal
2nd respondents
4th respondent
1st respondent
functus officio
local government
preliminary objections
supreme court
bona fide members of the 3rd respondent
court of law
internal affairs of the party
political question
primary elections
3rd defendants candidate
domestic affairs
intendment of vital exhibits
issue of a political party
learned counsel
membership of political party
nomination of the 1st defendant
nomination of the 1st respondent
rules of this court
3rd respondents candidate
appellant hon. salihu musa ndagimba
appellants brief of argument
candidate of the 3rd respondent
case of emenike
constitution of a political parties
determination of its candidate
exhibit a1
full blown trial
inception of this case
independent electoral commission
issue of jurisdiction
leading judgment
membership of political parties
notice of appeal
order of court
respondent alhaji shaba mohammed
respondent mohammed sadiq bagudu
seat of the chairmanship of the bida
stated conduct of primary elections
view of the foregoing
virtue of the express provisions of the constitution

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): On the 29th of August, 2015, the 3rd respondent, the All Progressive Congress conducted primary elections into the seat of the chairmanship of the Bida Local Government. At the stated conduct of primary elections, the appellant Hon. Salihu Musa Ndagimba, the 1st and 2nd respondents, Mohammed Sadiq Bagudu and Alh. Shaba Mohammed amongst others participated in the said primaries. At the end of the exercise, the 1st respondent Mohammed Sadiq Bagudu was declared winner having scored the majority of 107 votes. The appellant who came third at the exercise scored 68 votes behind the 2nd respondent Alhaji Shaba Mohammed with 73 votes.

Following the outcome of the primary elections conducted by the 3rd respondent, the 1st respondent was returned as having duly scored the highest votes and thereby nominated by the third respondent as its candidate for the chairmanship elections conducted on the 16th of January, 2016 by the 4th responde…

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