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COMFORT & ORS

(2022) JELR 110874 (CA)

Court of Appeal 22 Dec 2022 Nigeria
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- The Appellant contested and was initially declared winner of the PDP primary for Ibadan North Constituency I, but alleged subsequent unlawful substitution of his name with the 1st Respondent's, prompting his suit at the Federal High Court

Case Details

Suit Number:CA/IB/472A/2022
Judges:Amina Audi Wambai JCA Abubakar Mahmud Talba JCA Kenneth Ikechukwu Amadi JCA
Counsel:E. F. Adeojo, with him, T. Adebisi, and G. T. Adeojo for the Appellant; Abiodun Amole, with him, Stella Ofeimun for the 1st Respondent; F. O. Olagunju for the 2nd Respondent; A.S. Olatunde, with him, J.A. Olaniyan for the 3rd Respondent; Samuel Oyadoyin for the 4th Respondent.

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): On the 22nd May, 2022 the Peoples Democratic Party, the 2nd Respondent in this appeal, conducted its Primary election for Ibadan North Constituency 1 of the House of Assembly, Ibadan Oyo State. The election was observed by the officials of the 5th Respondent, the Independent National Electoral Commission, (INEC). The Appellant and the 1st Respondent were among aspirants who contested the primary election and sought to fly the flag of the 2nd Respondent for the Constituency at the upcoming 2023 general elections. At the end of the primary election, the Appellant was declared the winner having scored 8 votes against the 7 votes scored by the 1st Respondent. 

Appellant granted a press interview and waited for days without been given a copy of the result and upon discovering that the result had been altered and the 1st Respondent declared the winner, being aggrieved, the Appellant approached the Federal High Court Abuja on the 3…

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