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Yakubu v. A.N.P.P.

ALHAJI HASSAN YAKUBU

V

  1. ALL NIGERIA PEOPLES’ PARTY
  2. INDEPENDENT  NATIONAL ELECTORAL COMMISSION (INEC)
  3. HON. ATAI AIDOKO ALI USMAN

COURT OF APPEAL

( ABUJA DIVISION )

AMIRU SANUSI JCA (Presided and Read the Lead Ruling)

ABUBAKAR DATTI YAHAYA JCA

MOORE A. A. ADUMEIN JCA

CA/A/73/2012

THURSDAY, 27 JUNE 2013

APPEAL - Academic - When a suit is

APPEAL - Judgment not appealed against - Subsistence and validity of

EVIDENCE - Affidavit - Averments - Failure to controvert - Legal consequences of - Court - Propriety of relying on

Issue:

Whether in the light of the valid, subsisting and final judgment in petition No. EP T/KG/NASEN/3/2011, the instant appeal is not rendered stale, incompetent, an abuse of court process and a mere academic exercise.

Facts:

The appellant, plaintiff in the Federal High Court, Kogi State commenced an action via originating summons. He claimed that he contested and won the 1st respondent’s senatorial primary election for Kogi East District but that the name of the 3rd respondent was substituted with his as the winner of the primaries. He prayed the court for a declaratory and injunctive reliefs that, he was entitled to have his name forwarded to the 2 nd respondent as the winner of the primaries. An order of injunction, restraining the respondent from recognizing any other person besides him as the winner and orders of mandatory injunction, mandating the 1st respondent to maintain and restore his name as the candidate and compelling the 2nd respondent to publish same as. The 1st respondent filed a preliminary objection to the action. The trial court dismissed the action on grounds of locus standi of the appellant to file the action. Not satisfied, the appellant filed an appeal to the Court of Appeal. The 3rd respondent filed the present application, praying for dismissal of the appeal for being an academic exercise. The grounds upon which the application was predicated are that the trial Federal High Court had dismissed the appellant’s action for lack of locus standi and a petition filed by the appellant at the Legislative Houses Election Tribunal, sitting at Kogi State had been resolved against him. That the tribunal further declared the 3rd respondent as the winner of the election. That the appellant had not appealed against the findings of the tribunal which therefore remains extant.