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OGAH
V.
EMENIKE & ORS

(2023) JELR 111422 (SC)

Supreme Court 9 Feb 2023 Nigeria
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Case Details

Suit Number:SC/CV/21/2023
Judges:CHIMA CENTUS NWEZE JSC MOHAMMED LAWAL GARBA JSC ADAMU JAURO JSC TIJJANI ABUBAKAR JSC EMMANUEL AKOMAYE AGIM JSC
Counsel:D.D. DODO, SAN with SOLOMON UMOH, SAN, ALEX EJESEMEH, SAN; AUDU ANUGA, SAN; and OBINNA MBATA ESQ, for the Appellant; PRINCE LATEEF O. FAGBEMI, SAN with CHIEF HAKEEM O. AFOLABI, SAN; TOCHUKWU MADUKA, SAN; P.A ABAH, ESQ; and KAMAL O. FAGBEMI, ESQ for the 1st Respondent; PROF. SAM ERUGO, SAN with IKE OBETA, ESQ; V.C NWANKWO, ESQ; UCHECHI RITA ERUGO (MRS), ESQ; and NWANKPO OBIAGELI (MRS), ESQ for the 2nd and 3rd Respondents; M.B BAWA, ESQ for the 4th Respondent; O.O. NKUME ESQ for the 5th Respondent.
Location:Abuja

TIJJANI ABUBAKAR, JSC. (Delivering the Leading Judgment): This appeal emanates from the Judgment of the Court of Appeal, sitting in the Abuja Judicial Division, delivered on the 23rd day of December 2022, wherein the judgment of the trial Court entered in favour of the Appellant was dismissed.

The brief facts giving rise to this appeal are that the Appellant in this appeal commenced action by originating summons which was later amended, contending that despite emerging victorious from the direct primary elections conducted on the 26th day of May, 2022, by the 2nd Respondent for nomination of its candidate for the Abia State Governorship election in the forthcoming 2023 general elections, his name was unlawfully substituted. Appellant alleged that the 2nd Respondent adopted direct mode of primary election for Abia State and duly communicated this fact to the 4th Respondent, who monitored the direct primary elections, wherein he was elected and declared winner. Appellant said he later di…

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