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CaseLaw

APGA V. Ubah & Ors (2019) CLR 6(e) (SC)

Judgement delivered on June 21st 2019

Brief

  • Primary election
  • Misnomer
  • Section 116 of the Evidence Act

Facts

The issue in this appeal borders on who actually won the primary election organized by the 2nd respondent on the 2nd of October 2018. Both the 1st and the 2nd respondents claimed they won the said primary election. But upon the conclusion of the said primary election, the 1st respondent was declared the winner. Along the line and in a surprising twist of event, the name of the 1st respondent who won and was declared winner of the primary election was missing on the list published by the 3rd respondent on the 25th of October 2018.

The 1st respondent stated that she made several efforts to persuade the 3rd respondent to rectify the act of forwarding the name of the 1st Respondent to the 3rd respondent without success, hence she approached the trial Court to seek redress.

At the conclusion of the trial, the learned trial judge found the case of the 1st respondent meritorious and gave judgment in her favour. Dissatisfied with the decision of the trial, the appellant appealed to the Court below but his appeal was unsuccessful, hence a further appeal to this Honourable Court.

Issues

Whether the Court below had jurisdiction to entertain the suit as presented by the 1st respondent....

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