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ACTION CONGRESS OF NIGERIA & ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

(2013) JELR 36133 (CA)

Court of Appeal  •  CA/C/NAEA/GOV/181/2012  •  25 Jan 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; JOSEPH TINE TUR JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Lead Ruling): Following the decision by the Supreme Court in the case of Marwa v. Nyako and Ors. consolidated appeals No. SC/141/2011, SC/266/2011, SC/267/2011, SC/282/2011, SC/356/2011 and SC/357/2011, delivered on the 27th day of January, 2012. The 1st Respondent, had conducted election for the office of the Governor of Cross River State on the 25th day of February, 2012. The 1st Appellant had participated in the election by sponsoring the 2nd Appellant who contested for the office of the Governor. The 4th Respondent had contested the said election on the platform of the 3rd Respondent and at the end of the election; the 1st and 2nd Respondent had declared and returned the 4th Respondent as duly elected to the office of the Governor of Cross River State. Being aggrieved by the said declaration and return, the Appellants presented an election petition before the Governorship Election Petitions Tribunal sitting at Calabar, (to be called theā€¦

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