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SEN. SMART ADEYEMI
V.
ALL PROGRESSIVES CONGRESS (APC) & 2 ORS

(2022) JELR 111718 (SC)

Supreme Court 23 Oct 2022 Nigeria
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- The appellant, an aggrieved aspirant in the Kogi State APC gubernatorial primary election held on 14 April 2023, challenged the validity of the primary election and the emergence of the 3rd respondent as the All Progressives Congress (APC

Case Details

Suit Number:SC/CV/892/2023
Judges:JOHN INYANG OKORO, JSC HELEN MORONKEJI OGUNWUMIJU, JSC ADAMU JAURO, JSC TIJJANI ABUBAKAR, JSC EMMANUEL AKOMAYE AGIM, JSC
Counsel:Musibau Adetunbi, SAN with D. A. Sulaiman, Esq. Dr. Adekunle 0titoju Esq. and B. B. Tangden Esq. for the Appellant. Abdulwahab Mohammed, SAN with A. M. Adoyi Esq., H. S. Danjuma Esq. and Q. M. Adelanwa Esq. for 1st Respondent. Chief A. A. Adeniyi, SAN with Adetunji Oso Esq. and Abdulhameed Umar for 2nd Respondent. M. Y. Abdullahi, SAN with Liman Salihu Esq. S. O. Abas Esq., F. O. Ekpa Esq. and S. I. E Edina Esq. for 3rd Respondent.

EMMANUEL AKOMAYE AGIM, JSC (Delivering the Leading Judgment): This Appeal No. SC/CV/892/2023 is against the judgment of the Court of Appeal delivered on 18-8-2023 in Appeal No. CA/ABJ/CV/818/2023 concurring with the findings of facts by the trial Federal High Court in its judgment delivered on 12-7-2023 1n Suit No. FHC/ABJ/CS/556/2023  that  the  1st  respondent  herein validly conducted a direct primary election of its candidate for the November 2023 general election of governor of Kogi State in all the 239 wards in the state on 14-4-2023, that the 3rd respondent herein was validly elected as 1st respondent's said candidate and that the appellant's evidence did not prove his claim.

Two notices of appeal were filed by the appellant to commence this appeal. The first one was filed on 25-8- 2023. The second was filed on 29-8-2023. The appellant's brief states that it is predicated on the second notice of appeal filed on 29-8-2023. The implication of this is that the initial notice of app…

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