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CaseLaw

Onuoha V. Ubah (2019) CLR 6(g) (SC)

Judgement delivered on June 21st 2019

Brief

  • Party primary
  • Computer generated document
  • Two candidates claiming to have certificate of return
  • Qui prior est tempore potior est jure
  • Section 87 Electoral Act 2010 as amended
  • Section 87 (4) (C) Electoral Act 2010 as amended
  • Section 87 (9) Electoral Act 2010 as amended
  • Section 84(4) of the Evidence Act, 2011.
  • Section 87 (4) (C) (ii) of the Electoral Act 2010 as amended

Facts

This is an appeal against the judgment of the Court of Appeal Abuja Division delivered on the 13th April 2019 which affirmed the decision of the Federal High Court, Abuja.

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 appellant and the respondent 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 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 2nd respondent to rectify the act of forwarding the name of the appellant to the 3rd respondent but 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 favor. Dissatisfied with the decision of the trial Court, the appellant appealed to the Court below but his appeal was unsuccessful, hence a further appeal to this Honorable Court.

Issues

Who is the winner of the primary election held by the 2nd respondent?...

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