OKOTIE-EBOH
V.
MANAGER & ORS.

(2004) JELR 45026 (SC)    

Supreme Court  ·  SC.197/2003 ·  10 Dec 2004 ·  Nigeria
 · 
Other Citations
Okotie-Eboh v. Manager (2004) 18 NWLR (Pt.905) 242 (2004) 20 NSCQR 214
CORAM
IDRIS LEGBO KUTIGI JSC (Presided) ALOYSIUS IYORGYER KATSINA-ALU JSC UMARU ATU KALGO JSC DENNIS ONYEJIFE EDOZIE JSC (Read the Lead Judgment) IGNATIUS CHUKWUDI PATS-ACHOLONU JSC
Core Terms Beta
court
appellant
appeal
ground
general election
court of appeal
senior counsel
1st respondent
delta state south senatorial district
grounds of appeal
local government
leading judgment
learned trial judge
political question
primary election
ground of double registration
lower courts
misdirection of law
notice of appeal
2nd respondent
electoral malpractice
general elections
jurisdiction of the court
rules of court
above principles
case of aderounmu v
combination of both misdirection of law
constitution of the p.d.p.
delta state electoral panel of the party
end of the primary election
express words
following grounds
hearing of the appeal
high court of the federal capital territory
independent national electoral commission
litany of cases
local government council election tribunal
main issue
members of the peoples democratic party
name of the 1st respondent
notice of preliminary objection
prospective candidates
question of the candidate
record of appeal
respondent cross
subject matter borders
suit no. fct
virtue of the provisions of section
wide range of issues
wrong interpretation of the said section

EDOZIE, J.S.C. (Delivering the Leading Judgment): The appellant and the 1st respondent herein together with one other who is not a party in this proceeding are members of the Peoples Democratic Party (P.D.P. for short) in the Delta State South Senatorial District. As prospective candidates for the 2003 general election to the Senate, all the three contested the P.D.P. primary election for the Delta State South Senatorial District. At the end of the primary election, the 1st respondent scored the highest number of votes followed by the appellant who emerged second. Aggrieved thereby, the appellant addressed a petition to the P.D.P. (2nd respondent) alleging, inter alia that the 1st respondent was not qualified to have contested the primary election on the ground that on a previous occasion he was indicted by a Local Government Council Election Tribunal for electoral malpractice. The petition was considered by the Delta State Electoral Panel of the party which upheld the petition, disqu…

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