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NDAKENE
V.
ADAMU & ORS

(2023) JELR 110580 (SC)

Supreme Court 21 Feb 2023 Nigeria
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- The appellant contested a primary election for a federal constituency seat but it was declared inconclusive. - The next day, the appellant and his supporters were locked out and another candidate was declared the winner. - The appellant c

Case Details

Suit Number:SC.CV/156/2023
Judges:Kudirat Motonmori Olatokunbo Kekere-Ekun JSC Uwani Musa Abba Aji JSC Helen Moronkeji Ogunwumiju JSC Adamu Jauro JSC Tijjani Abubakar JSC
Counsel:SAMUEL OGALA, ESQ. with him, JOSEPH ADEJOH, ESQ. and FEMI ADEDEJI, ESQ. for the Appellant; A. S. JAWONDO, SAN, with him, GODWIN ECHE ADOLE and D. A. AFOLAYAN, ESQ. for the 1st Respondent; WAHAB ISMAIL, ESQ. with him, A. M. BATURE, ESQ. for the 2nd Respondent A. H. ADEBAYO for 3rd Respondent.

UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment): The Appellant's case is that he contested the primary election under the 2nd Respondent's Party (APC) held on 27/5/2022 for Edu/Patigi/Moro Federal Constituency but same was declared inconclusive by the presiding officer, Omar Ahmed, and informed the aspirants that the election would be concluded the next day, 28/5/2022. Nevertheless, the next day, that he and his supporters were locked out and the purported election was conducted by one Kure Yusuf, wherein the 1st Respondent was declared winner having polled 104 votes while the Appellant had 50 votes.

​The case of the three Respondents however is that the Appellant, the 1st Respondent and other 2 aspirants, being members of the 2nd Respondent, partook in the 2nd Respondent's primary election that held on 27/5/2022 and 28/5/2022 for Edu/Patigi/Moro Federal Constituency. That the election commenced on 27/5/2022 and with the agreement of all the aspirants, it was scheduled to…

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