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OKORI
V.
PDP & ORS

(2023) JELR 110237 (CA)

Court of Appeal 10 Feb 2023 Nigeria
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Case Details

Suit Number:CA/C/418/2022
Judges:Raphael Chikwe Agbo, JCA Oyebisi Folayemi Omoleye, JCA Balkisu Bello Aliyu, JCA
Counsel:YUSUF ABDULSALAM, ESQ. for the Appellant; EMMANUEL O. AKPAN, ESQ. for the 1st Respondent; DANIEL NWIKE, ESQ. for the 2nd Respondent; UTIBE NWOKO, ESQ. with him, ENYINMFON NWOKO, ESQ. for the 3rd Respondent.

BALKISU BELLO ALIYU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, sitting at Uyo, Akwa Ibom State (trial Court) delivered by Hon. Justice A. A. OKEKE on the 30th November, 2022 in respect of Suit NO: FHC/UY/CS/134/2022. The Appellant, as the Plaintiff, took out an Originating Summons challenging the conduct of 1st Respondent’s (PDP) Senatorial primary election held on Monday, May 23rd, 2022 for Akwa Ibom North-West Senatorial District. He submitted seven questions for the trial Court’s determination thus: 

1. Whether having regard to the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 84 of the Electoral Act 2022 (as amended), the Constitution of the 1st Defendant 2017 and the Electoral Guidelines for Primary Elections, 2022 issued by the 1st Defendant, the 1st Defendant could jettison, set aside, refuse to obey the order of the Federal High Court which mandates parties to maintain …

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