Otti v. Ogah

Case Details

Suit Number:SC. 718/2016

Judges:IBRAHIM TANKO MUHAMMAD JSC (Presided) OLUKAYODE ARIWOOLA JSC CLARA BATA OGUNBIYI JSC (Read the Lead Ruling) KUMAI BAYANG AKA’AS JSC KUDIRAT M. OLATOKUNBO KEKERE-EKUN JSC CHIMA CENTUS NWEZE JSC AMIRU SANUSI JSC

Counsel:Yusuf Ali SAN [with him, P. A. N. Ikwueto SAN, Yakub -*- Dauda, Esq., C. I. Ndukwe, Esq., Luther K. Onyemkpa, Esq., Alex Akoja, Esq., O. D. Soyebo, Esq., C. D. Ezeh, -*- Esq., Patricia Ikpegbu (Mrs.), K. O. Lawal, Precious Kalu, Esq., and Safinat Lamidi (Miss)] - for the Appellants/ Applicants. -*- Dr. Alex A. Izinyon SAN (with him, O. J. Nnadi SAN, Max Ozoaka, Esq., B. K. Abu, Esq., K. O. Omoruan, Esq., -*- H. Abdurrahman (Mrs.), E. Oghojafor, Esq., Chijioke Udeogu, Esq., L. O. Fagbemi, Esq., and C. U. Adah (Miss)] -*- - for the 1st Respondent. -*- Dr. Onyechi Ikpeazu OON, SAN (with him, Dr. Paul -*- Ananaba SAN; Prof. Ernest Ojukwu SAN; Henry Balogun; -*- S. N. Mbanezue, Esq., Emeka Eze, Esq., Nwachukwu Ibegun Esq., Godswill D. Nwani, Esq., Obinna Onya, Esq., -*- Julius Mba, Esq., Nwamaka Ofoegbu (Miss); Oluchi Elendu (Miss); S. T. Moses Ogbona, Esq., D. D. Nkume and Uche Ihemanma) - for the 2nd Respondent. -*- Chief Wole Olanipekun SAN (with him, Chief Kanu Agabi -*- SAN, S. T. Hon SAN and J.U.K. Igwe SAN and hosts of -*- other counsel] - for the 3rd Respondent. -*- Mrs. Wendey Kuku (with him, Rahimatu Aminu (Mrs.) and Ahmed Goni Ismaila) - for the 4th Respondent. -*- Mr. J. C. Idoko [with him, Ben N. Ukandu, John Adah and -*- Ijeoma Okoye (Miss)] - for the 5th Respondent.

OGUNBIYI JSC (Delivering the Lead Ruling): The following facts are relevant to this application.

The 1st and 3rd respondents are members of the People’s

Democratic Party, the 2nd respondent herein, while the 1st applicant is a member of the All Progressives Grand Alliance, the 2nd applicant herein. A The 1st and 3rd respondents as members of the 2nd respondent therefore participated in the 2nd respondent’s governorship primary election for Abia State on 8 December 2014 wherein the 2nd respondent returned the 3rd respondent as the winner of the said Abia State Governorship Primary Election while the 1st respondent came second in the said primary election.

Dissatisfied with the declaration of the 3rd respondent as the winner of the 2nd respondent’s governorship primary election and upon the 1st respondent becoming aware that the 3rdrespondent breached the 2nd respondent’s Electoral Guidelines for 2014 and section 31(2), (5) and (6) of the Electoral Act, 2010 (as amended), the 1st respond…

OTTI
V.
OGAH

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OTTI
V.
OGAH