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PAM
V.
MOHAMMED

(2008) JELR 57273 (SC)

Supreme Court 30 May 2008 Nigeria
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Suit Number:SC.238/2007
Judges:NIKI TOBI JSC ( Presided and Dissented ) DAHIRU MUSDAPHER JSC GEORGE ADESOLA OGUNTADE JSC ( Read the Lead Judgment ) SUNDAY AKINOLA AKINTAN JSC FRANCIS FEDODE TABAI JSC
Counsel:Chief V. O. Awomolo (Mrs.) (with her Mr. Nnodu Okeke, Mrs. O. -*- A. Adalumo, Mr. M. K. Olawale and Mrs. Teniola Ojuolape) - for the Appellants. -*- Mr. D. D. Dodo SAN (with him Mr. C. U. Ekomaru, Mr. Audu B -*- Anuga, Mr. G. W. Nanbol and Mr. Chinedu Umeh) - for the 1st -*- Respondent/Applicant. -*- Okon N. Efut Esq. (with him Ifunanya Obunselu (Mrs.), John Ochogwu Esq. and Mrs. Okwa Enebeli) - for the 2nd Respondent/ Applicant.

OGUNTADE JSC (Delivering the Lead Judgment): The 1st respondent was the plaintiff at the Federal High Court,Abuja where he brought a claim against the appellants and the 2nd respondent as the defendants claiming the following reliefs: “1. A declaration that the 2nd defendant’s letter of 19 February 2007, to the 1st defendant applying to substitute the plaintiff Nasiru Muhammad as the 2nd defendant’s candidate for the April 2007 Abuja Municipal Area Council AMAC/BWARI Federal House of Representative election is illegal, null, void and of no effect whatsoever.

A declaration that the 1st defendant cannot in law act upon the 2nd defendant’s application as contained in the letter of 19 February 2007, to effect a substitution of the plaintiff with 3rd defendant as the 2nd defendant’s candidate for the April 2007 AMAC/BWARI Federal House of Representative election. A declaration that by virtue of the provision of section 34(2) of the ElectoralAct, 2006, the letter dated 19 February 2007, wr…

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