(2003) JELR 44938 (CA)    

Court of Appeal  ·  CA/C/NAEA/53/03 ·  31 Jul 2003 ·  Nigeria
Other Citations
Okon v. Bob [2004] 1 NWLR (Pt.854)378
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria
Core Terms Beta
electoral act
political party
1st respondent
court of appeal
locus standi
uyo senatorial district
hon. tribunal
provisions of section
final decision
learned counsel
following persons
12th day of april
house of assembly of a state
senior counsel
supreme court
address mr. umoh
appeal lies
briefs of argument
constitution of federal republic of nigeria
course of an election proceeding
decision of the court
distinct issue
elected candidate
election petition tribunal
election result
facts of the present case
federal high court
final determination
following cases
following reliefs
independent national electoral commission
interlocutory decision of the governorship
internal matter of a political party
last national assembly elections
members of the peoples democratic party
merits of this appeal
provisions of the electoral act
said election
see onuoha v
seventh edition
successful candidate

OKWUCHUKWU OPENE, J.C.A. (Delivering the Leading Judgment): The facts of the present case is that the appellant and the 1st respondent, are members of the Peoples Democratic Party (PDP). There had been a struggle between the two as to who should contest the election on the platform of the PDP to represent the Uyo Senatorial District in the last National Assembly elections, held on the 12th day of April, 2003. In course of this, the 1st respondent on 17/3/2003, filed an action against Independent National Electoral Commission (INEC) at the Federal High Court, Abuja, complaining about his replacement with the appellant as the party's candidate for the election, but the 1st respondent later discontinued the suit. The appellant's name was then published as the party's candidate for the election.

Before the election was held on 12th of April, 2003, the appellant's name was replaced with that of the 1st respondent. The election result and/or scores show that Effiong Bob (1st respondent) of …

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