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

(2013) JELR 35717 (SC)

Supreme Court  •  SC.40/2013  •  22 Mar 2013  •  Nigeria

Coram
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; JOHN AFOLABI FABIYI JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC;

Appearances
Lazarus A. Izabi-Undie Esq. (with him B. I. U. Ugbizi Esq, Chief C. Okoi, J. A. Ashefel Esq and Nat Uche Esq) for the 1st Appellant.Prof. Tony Ukam (with him Chris A. C. Ogbogu Esq, Linus P. Mbey Esq, Michael L. Udoh Esq. Godwin E. Asuquo Esq, J. C. Okafor Esq, Joseph Adie Ashefel Esq, Akpama Ekwe Esq and Akin Ogunkumi Esq) for the 2nd Appellant. For Appellant Dr. Onyechi Ikpeazu (SAN) (with him Tobechukwu Nweke Esq and Maris Ekwechi) for 1st and 2nd Respondents.E. O. E. Ekong Esq (with him Barth Izato Esq and Idongesit M. Anana Esq) for the 3rd Respondent.Paul Erokoro, SAN (with him Chief Solo Akuma, SAN; Kenneth Ikonne Esq, Mba E. Nkweni Esq, Okwudili Anozie Esq, Michael Ajara Esq, Ifeyinwa Arum (Miss), Kingsley Odey Esq, Barbara Omosun (Miss), Patrick Abang Esq, Swaben Audu Esq, Eric Ekere Esq, Chinonso Anozie Esq, Alice Uboh (Miss) and Uchenna Ogunede (Miss)) for the 4th Respondent. For Respondent

Judgement
<p>NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): This appeal is against the ruling delivered by the court of Appeal, Calabar Judicial Division on 25th January, 2013.</p><p> The 1st Respondent, the Independent National Electoral Commission, conducted the Governorship election in cross River State on 25th February 2012. The 1st Appellant, a political party registered in Nigeria by the 1st Respondent, sponsored the 2nd Appellant at the said election.</p><p> The 3rd Respondent, also a registered political party, sponsored the 4th Respondent at the said election. The 2nd Respondent, the Resident Electoral Commissioner, Cross River State, conducted the election on behalf of the electoral umpire, the 1st Respondent. </p><p> In the result of the election, the 2nd Respondent as agent of the 1st Respondent, declared the 4th Respondent winner of the Governorship election. The appellants were aggrieved at the declaration of the 4th Respondent as the winner of the election. They filed an election Petiโ€ฆ</p>

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