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PDP & ANOR
V.
UMEH & ORS

(2017) JELR 38213 (SC)

Supreme Court 10 Feb 2017 Nigeria
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- Applicants sought to strike out or dismiss Appeal No. SC.204/2016 as an abuse of court process, arguing that the appellants (PDP and Uche Ekwunife) were simultaneously taking inconsistent positions in different proceedings regarding Ekwun

Case Details

Suit Number:SC.204/2016(R)
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA 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:P.I.N. Ikwueto, SAN with him, Ifeatu E. Ebikoye, Esq., C.I. Mbaeri, Esq., C. Ogbuefi, Esq., C. D.Ezeh, Esq., N.U. Odimegwu (Miss) and C.C. Emekekwe, Esq. For Appellant Dr. Alex A. Izinyon, SAN with him, J.S. Okutepa (SAN), G.C. Igbokwe, Esq., K.O. Omuruan, Esq., F.O. Izinyon, Esq., H. Abdurrahman (Mrs.), E. Ogbojafor, Esq. L.O. Fagbemi, Esq. Ojonim S. Apeh, Esq., Abodia O. Okutepa (Miss) and Ikechukwu Ezechukwu Jnr, Esq. For Respondent

AMINA ADAMU AUGIE, J.S.C. (Delivering the Lead Ruling): The Applicants are praying this Court to strike out or dismiss Appeal No.SC. 204/2016 for being an abuse of Court process. The start off point in unraveling what led to this Application is the Petition they filed at the National Assembly Election Petition Tribunal, Anambra State wherein the Applicants challenged the declaration of 2nd Appellant herein as the duly elected Senator representing Anambra Central Senatorial District. The Tribunal dismissed their Petition on 9/10/2015, and they filed Appeal No. CA/E/EPT/28/2015 at the Enugu Division of the Court below, which held as follows in its Judgment delivered on 7/12/2015 -

"...Since by Paragraph 25(1) of Exhibit R1, it is the State Special Congress that should conduct the Primary for the purpose of nominating a candidate to contest election into the National Assembly. The 11th Respondent [i.e. 2nd Appellant] was therefore not the product of a valid primary and was therefore, not …

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