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PEOPLES DEMOCRATIC PARTY (PDP) & 3 ORS
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 4 ORS

(2023) JELR 113108 (CA)

Court of Appeal 6 Feb 2023 Nigeria
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- The appellants (the PDP and its senatorial candidates for Benue State) instituted an action by Originating Summons before the Federal High Court, Abuja, seeking declaratory reliefs and injunctions to restrain INEC from accepting or publis

Case Details

Suit Number:CA/ABJ/CV/1396/2022
Judges:STEPHEN JONAH ADAH, JCA DANLAMI ZAMA SENCHI, JCA ISA BATURE GAFAI, JCA
Counsel:Chief S.T. Hon, E.K. Asukaa, SAN, with other counsel on the List, for the Appellant. F.B. Moyim Esq., with: J.l. Gbimgbade Esq., for the 2nd Respondent. Wilson lorshe Esq., with Chike Nwogbo Esq., for the 3rd Respondent. T.J. Aondo Esq., for the 4th Respondent. Umar Abdulhameed Esq., for the 5th Respondent. 1st Respondent served but not represented in Court.
Location:Abuja

STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This appeal is against the Judgment of the Federal High Court, Abuja delivered on 28/11/2022 in Suit No: FHC/ABJ/CS/889/2022, coram: Omotosho, J.

The matter was originated vide Originating Summons taken out of the trial court seeking the determination of two questions and claiming of three consequential reliefs. The plaintiffs are the 1st, 2nd and 4th appellants in this appeal while the defendants at the trial court are the 1st, 2nd, 3rd, 4th and 5th Respondents in this appeal. Parties joined issues by filing affidavit and counter affidavits. There were also Preliminary Objections filed. At the end of the trial, the trial court dismissed the Preliminary Objections raised and the appellant’s suit. The reliefs claimed by the appellants at the trial court from the record of appeal are as follows:

  1. A Declaration that, by a combined interpretation of sections 77(2) and (3), 82(1), (2) and (5); 84(1), (4) (a)-(c) and (13) of the Electi…

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