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CaseLaw

Emenike V. PDP (2012) CLR 5(e) (SC)

Judgement delivered on May 25th 2012

Brief

  • Ground of appeal & distinguishing factors in the determination of When a ground will be deemed a ground of law
  • Burden of proof
  • Declaratory reliefs
  • Nomination of candidate of political party as the exclusive preserve of political party
  • Section 87 (4) (b) of the Electoral Act
  • Section 87(9) of the Electoral Act 2010 (as amended)
  • Gubernatorial aspirant who did not participate in primary elections
  • Constitution and guidelines of political party

Facts

In its real essence, the Appellant, as Plaintiff at the trial court desired that he be declared as the governorship candidate of the 1st Respondent for Abia State in the April, 2011 general election. The trial court after a proper consideration of the facts, guidelines and the applicable laws dismissed the claim and upheld the nomination of the 4th Respondent as the governorship candidate of the 1st Respondent for Abia State.

The Appellant appealed to the Court of Appeal which dismissed the appeal on 2nd November, 2011 and affirmed the Judgment of the trial court. The Appellant felt unhappy with the stance posed by the Court of Appeal and further appealed to the Supreme Court.

Issues

  • 1
    Whether the Court of Appeal was justified in affirming the decision of the...

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