Rimamnde Bitrus Nuhu V. Senator Emmanuel Bwacha & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAIDU TANKO HUSAINI, J.C.A.(Delivering the Leading Judgment)

This appeal is against the Ruling delivered at the Federal High Court, Jalingo in the Taraba Judicial Division on the 13th September, 2015 in Suit No. FHC/TAR/M/24/2015.

The Appellant as plaintiff instituted action at the Federal High Court, in the Federal Capital Territory, Abuja by way of the Originating Summons dated and filed on the 31st December, 2014 wherein he sought for the determination of the sole question, that is:

”Whether the 2nd defendant for the purpose of selecting its candidates for the Senate Primary Election for Taraba South Senatorial District in Taraba State for the 2015 general election can adopt a procedure other than that provided in 2nd defendant?s Electoral guideline for Primary Elections 2014 the 2nd defendants Constitution 2012 (as amended) and the Electoral Act, 2010 (as amended).”

As a consequence the plaintiff (Appellant) sought all the reliefs covered the Originating Summons as follows:

?WHEREOF the plaintiff (s) the followings:

(i) A DECLARATION that the 2nd defendant cannot adopt any procedure other than

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that provided in the 2nd defendant?s Electoral Guideline for Primary Elections 2014, Section 50 (5) of the 2nd defendant?s Constitution 2012 (as amended) and Section 87 (4) (c) (i) & (ii) of the Electoral act, 2010 (as amended) for the purpose of selecting candidate for Senate to represent Taraba State South Senatorial District in Taraba State for the 2015 General Elections

(ii) A DECLARATION that the 2nd defendant having not complained with its own Electoral Guideline for Primary Elections 2014, Section 50 (5) of the 2nd defendant Constitution 2012 (as amended) and Section 87 (4) (c) (i) & (ii) of the Electoral Act, 2010 (as amended) has not validly conducted for senate to represent south Senatorial District in Taraba State, for the 2015 General Election.

(iii) AN ORDER nullifying the primary elections conducted by the 2nd defendant on the 11th December, 2014 for the purpose of nominating a Senate candidate for the 2nd defendant to represent Taraba South Senatorial District at the Senate for the 2015 General Elections

(iv) AN ORDER directing the 2nd defendant to conduct a fresh primary election in accordance with the 2nd

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defendant?s Electoral Guideline for Primary Elections, 2014 in compliance with the 2nd defendant?s Constitution 2012 (as amended) and the provision of the Electoral Act, 2010 (as amended) for the purpose of nominating a Senate candidate for the 2nd defendant to present Taraba State Senatorial District in Taraba State.