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PROFESSOR JERRY GANA, CON
V.
SOCIAL DEMOCRATIC PARTY & ORS

(2019) JELR 92001 (SC)

Supreme Court 29 Mar 2019 Nigeria
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This case involves a dispute over the interpretation of the Constitution of the Social Democratic Party (SDP) and its application to the selection of a presidential candidate. The appellant, Prof. Jerry Gana, contested the party's president

Case Details

Suit Number:SC.115/2019
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, Justice of The Supreme Court of Nigeria AMIRU SANUSI, Justice of The Supreme Court of Nigeria EJEMBI EKO, Justice of The Supreme Court of Nigeria PAUL ADAMU GALUMJE, Justice of The Supreme Court of Nigeria UWANI MUSA ABBA AJI, Justice of The Supreme Court of Nigeria
Counsel:A. Akubo (SAN), J. A. Abrahams (SAN) with them, Joe Abah, Esq., Agiwon S. Elukpo, Esq. and Caroline Abah, Esq. For Appellant(s) Omoruyi O. Ediogiawerie, Esq. with him, Victor Shina Akinlabi, Esq. for the 1st-5th Respondents. Mhir Mson, Esq. with him, U. A. Dibal, Esq. for the 6th Respondent For Respondent(s)

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): By his Amended Originating Summons at the High Court of the Federal Capital Territory (FCT), Prof. Jerry Gana, CON (hereinafter called “the Appellant”), had raised the following questions and sought 13 reliefs, to wit:

QUESTIONS FOR WHICH DETERMINATION IS SOUGHT

1. Whether having regard to Section 87(9) of the Electoral Act, 2010 (as amended) and Article 2 of the Constitution of the Social Democratic Party (SDP), 2018 (as amended), the 1st Defendant is bound by the provisions of Article 15.3(i) and (ii)(a) of its own Constitution, to wit, relation to the principle of rotation of political offices such that the office of the President and National Chairman of the 1st Defendant shall rotate between the South and North and amongst the six (6) geopolitical zones.

2. Whether having regard to Section 223(1)(a) and (b) and 2(a) and (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Articles 2 and 15.3(i) and (ii)(…

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