Before Their Lordships
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN 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
Text
HON. MUSA MOHAMMED PALI Appellant(s)
AND
1. HON. DR. MOHAMMED SANI ABDU
2. ALL PROGRESSIVES CONGRESS (APC)
3. INDEPENDENT NATIONAL ELECTORAL
COMMISSION (INEC) Respondent(s)
…………………….A…………………….
AEJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The Appellant was the Plaintiff in the suit No. FHC/ABJ/CS/1115/2014 he had brought on the Originating Summons at the Federal High Court, sitting at Abuja FCT. The cause of action arose in Alkaleri/Kirfi Federal Constituency in Bauchi State, from the primary election to nominate the candidate of the All Progressive Congress (APC), the 2nd Respondent, to contest at the general election for a seat at the House of Representatives wing of the National Assembly.
The Appellant claimed that he won the primary election of the APC conducted at Alkaleri, the headquarters of the said Alkaleri/Kirfi Federal Constituency, with the majority of lawful votes; that he was issued the Statement of Result, duly signed by the Chairman and Secretary of the 2nd Respondent, APC’s, primary Election Committee, and that the 1st Respondent (herein) who contested in the primary election against him disputed his victory, claiming, that he, and not the Appellant, was the actual winner of the primary election. The Appellant, as the Plaintiff, further averred that the 2nd Respondent, APC (his party) ignored his victory, and instead submitted to the independent National Electoral Commission, INEC, (the 3rd Respondent herein), the name of the 1st Respondent as its candidate for the general election in Alkaleri/Kirfi Federal Constituency.
