Before Their Lordships
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE 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
Before Their Lordships
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
CHIMA CENTUS NWEZE 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
Between
HON. BASSEY ETIM – Appellant
AND
1. HON. BASSEY ALBERT AKPAN
2. PEOPLES DEMOCRATIC PARTY [PDP] 3. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) – Respondents
…………………….A…………………….
MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Calabar Division, hereinafter referred to as the lower Court, in respect of Appeals Nos CA/C/87/2017 and CA/C/104/2017 delivered on 30th day of November 2017, setting aside the decision of the Federal High Court sitting in Uyo, hereinafter referred to as the trial Court, in suit No. FHC/UY/CS/1087/2015. Hereinunder is supplied a summary of the facts that brought about the appeal.
The 2nd respondent, the P.D.P. a registered political party, with the view to nominating its candidate for the Akwa Ibom North East Senatorial Seat in the 2015 general election, conducted its primary election on the 7th day of December 2014. The appellant, 1st respondent and others contested the said primary election at the end of which the name of the 1st respondent who had polled the highest vote was forwarded to the 3rd respondent by the 2nd respondent as its candidate for the Senatorial Seat. Aggrieved by these turn of events, the appellant commenced the suit that brought about this appeal at the trial Court.
