ODEDO
V.
INEC & ANOR

(2008) JELR 46714 (SC)

Supreme Court 11 Jul 2008 Nigeria
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Case Details

Suit Number:SC.208/2007
Judges:NIKI TOBI Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria MOHAMMAD SAIFULLAH MUNTAKA- COOMASSIE Justice of The Supreme Court of Nigeria
Counsel:Chief (Mrs.) A. I.Offiah, SAN with her S. Larry, Ben ogini, Ikechukwu Ongoma and Nnezi Offiah (Miss) For Appellant Emonye Adekwu, for 1st RespondentArthur Obi Okafor with him, T. K..Ogbogu and P. Ozoilesike Miss. For 2nd RespondentAmobi Nzelu with him Okey Onah and E. Akutue for party to be heard (Respondent). For Respondent

TOBI, J.S.C (Delivering the Leading Judgment): This is another political matter involving substitution; a new trend in Nigerian politics where the game is changed midstream. It affects the political party of the Peoples Democratic Party, the 2nd respondent. The quarrel looks more of an in house affair; the inclusion of the 1st respondent notwithstanding. We have done a few in the past; we are asked to do this also. We must. The matter involves so much of the interpretation of the Electoral Act, 2006. What are the facts? What gave rise to the substitution?

Charles Chiwendu Odedo, the appellant, a member of the Peoples Democratic Party bearing the acronym, PDP, contested the primary elections, along with ten others. That was on 24th November, 2006. It was for the Idemili North and South Federal Constituency in Anambra State. He won. Following the result of the election, the PDP submitted his name to the Independent National Electoral Commission INEC), the 1st respondent. That was on 20t…

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