DR. ABDULLAHI BABA ABDUL V. CONGRESS FOR PROGRESSIVE CHANGE (CPC) & ORS

CORAM

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

REGINA OBIAGELI NWODO

PARTIES

DR. ABDULLAHI BABA ABDUL  APPELLANTS

1. CONGRESS FOR PROGRESSIVE CHANGE (CPC)

2. PRINCE TONY MOMOH(NATIONAL CHAIRMAN CPC)

3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

4. HON. BUBA UMAR JUBRIL

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The 1st Respondent, Congress for Progressive Change (CPC) sponsored the 4th Respondent as its candidate for election to the House of Representatives for Lokoja/Kogi Federal Constituency in the April 2011 general elections. The Appellant and the 4th Respondent contested in the CPC’S internal elections for the nomination of the CPC’s Candidate for the Federal constituency wherein the 4th Respondent emerged winner in the primary election. The Appellant instituted an action against the Respondents by Originating Summons in the Federal High Court Abuja Division, seeking the determination of some questions. The Appellant’s suit entirely challenged the right of the CPC in waiving the 4th Respondent’s obligation on the payment of the party’s subscription. At the end of the trial, the court dismissed the claims of the Appellant on grounds of failure to prove his case with credible evidence. The Appellant has appealed against same whilst the 4th Respondent filed a Notice of Preliminary Objection that the grounds of appeal are incompetent.

HELD

Preliminary Objection partly succeeds, Appeal Dismissed

ISSUES

1. Whether the 4th Respondent as a member of the 1st Respondent was legible at the time of the party’s primary election to contest the election for the House of Representative?

2. Whether the Appellant by his participation is estopped from complaining or commencing this action?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

1. Constitution of the Federal Republic of Nigeria, 1999, as amended

2. Electoral Act, 2010 as amended.

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