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NWAOGU
V.
ATUMA

(2013) JELR 53531 (SC)

Supreme Court 25 Jan 2013 Nigeria
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- The Peoples’ Democratic Party (PDP) conducted primaries for the Abia Central Senatorial District on 8 January 2011; the applicant was declared winner, the 1st respondent was the runner-up, and the latter subsequently challenged the applic

Case Details

Suit Number:SC.10/2012
Judges:MAHMUD MOHAMMED JSC (Presided) MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC BODE RHODES-VIVOUR JSC NWALI SYLVESTER NGWUTA JSC (Read the Lead Ruling) STANLEY SHENKO ALAGOA JSC
Counsel:Olugbenga Adeyemi (with him, Kelechi Udeoyibo and Bukola Aranmi) - for the Appellant. -*- Chief Akin Olujinmi, SAN (with him, Olumide Olujinmi, Akinsola -*- Olujinmi, Akinyemi Olujinmi and Olufemi Atetedaiye) - for the 1st Respondent. -*- Dr. Onyechi Ikpeazu, SAN, OON (with him, Ikechukwu Ogbogu, Linda Chuba-Ikpeazu and Ifeyinwa Nwabuoke) - for the 2nd Respondent. -*- Nnamdi Nwokocha (with him, Nenachi Henry (Mrs.) and Wole -*- Odeloye) - for the 3rd Respondent.

NGWUTA JSC (Delivering the Lead Ruling): This is yet another one in a plethora of motions filed in this appeal by parties herein as well as would-be parties. In brief, the relevant facts are: The 3rd respondent/respondent, the Peoples’ Democratic Party (the PDP) held its primary election on 8 January 2011 to nominate its senatorial flag bearer for the Abia Central Senatorial District in the then forthcoming senatorial elections. I shall hereunder refer to the appellant/applicant and 1st respondent/respondent simply as applicant and 1st respondent. The applicant and the 1st respondent contested the primary election along with others not parties herein. The applicant was declared winner of the primary election, followed by the 1st respondent as the runner-up. After A the primary election, the 1st respondent commenced an action by way of originating summons to challenge the nomination of the applicant for the election to represent the Abia Central Senatorial District in the National As…

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