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OWURU & ANOR
V.
ADIGWU & ANOR

(2017) JELR 37911 (SC)

Supreme Court 23 Jun 2017 Nigeria
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- Following disputed party primaries for the April 2015 Benue State House of Assembly election (Oju II Constituency), both the appellant and 1st respondent claimed victory, with conflicting result sheets and reports from INEC and the Police

Case Details

Suit Number:SC.197/2016
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria
Counsel:DR. J.Y. MUSA with E.E. EKO, J.O. MUSA and G.I. DIDI For Appellant HENRY A. IYANYA, ESQ. with DESMOND YAMAH; C. ILOEJE; K. OZO-ENEMMO; S.O. OBUO and M. MOSES for 1st respondent M. ADETUNBI, ESQ. with BARBARA J. ONWUBIKO for 2nd respondent For Respondent

WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal holden at Makurdi in appeal No CA/M/95/15 delivered on 15th day of December 2015, dismissing the appeal of the appellants and upholding the judgment of the trial Federal High Court also sitting in Makurdi. The facts leading to this appeal are inter alia as follows:-

By an originating summons filed on 25th March, 2015 the 1st respondent herein, as plaintiff, presented two questions to the trial Court for determination and sought the following reliefs against the defendants (now appellants and 2nd respondent):-

i. A declaration that the plaintiff is the validly nominated candidate of the 2nd defendant to contest the April 11th, 2015 House of Assembly Election in Oju 11 State Constituency.

ii. A declaration that being the validly nominated candidate of the 2nd defendant to contest the April 11th, 2015 House of Assembly Election in Oju 11 State Constituency, the …

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