CHARLES EHIGIE AIRHIAVBERE, MAJ. GEN. (RTD) V. COMRADE ADAMS ALIYU OSHIOMHOLE ACTION CONGRESS OF NIGERIA (ACN) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESIDENT ELECTORAL COMMISSIONER (EDO STATE) THE RETURNING OF FICER, EDO STATE GOVERNORSHIP ELECTION
(2012) JELR 57308 (CA)
Court of Appeal
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CA/B/EPT/320/2012
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6 Dec 2012
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Nigeria
Coram
GEORGE OLADEINDE SHOREMI JCA (Presided)
TOM SHAIBU YAKUBU JCA (Read the Lead Judgment)
JAMES SHEHU ABIRIYI JCA
Appearances
K. O. Obamogie, Esq. [with him are S. O. Agwinede, Esq., P.O. Itua, Esq., D.O. Inegbeboh, Esq., R.I. Okunbo (Mrs.), Sylvanus Oriakhena, Esq., Nosaze Adaze, Esq., F.E. Olifun, Esq., C. C
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Akhigbe, Esq., E. Avboraye, Esq.] - for the Appellant.
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Chief Wole Olanipekun SAN [with him are Rickey Tarfa, SAN, O.A. Omonuwa, SAN, S.P. Imolode, Esq., O.O. Samuel, Esq., O. Ohenhen, Esq., Oladipo Osinowo, Esq., F. Erewele, Esq., Sir Adams Aliu, Esq., Jatto Topa, Esq., Nelson Imafidon, Esq., Kudus Shehu Malami, Esq., D
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Dayo Adesina, Esq.] - for the 1st Respondent.
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Adetunji Oyeyipo, SAN [with him are Ken Mozia, SAN, Rotimi Ogineso, SAN, Nnamonso Ekenem, Esq., V. E. Ohiosunmua, Esq., Dr. Edoba Omoregie, R.O. Oaihimire (Mrs.), G.A. Oladejo, Esq., F.
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Omo-Osadiaye, Esq., Christopher Ebosele, Esq., A. O. Eikhor, Esq., E
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Tajudeen Alade, Esq., Santos Owootori, Esq., N.I. Ekunwe, O. O.
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Erhahon, R.I.D. Okezie, Mrs. E. Evbayiro, Miss E. Aisien] - for the 2nd Respondent.
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E. R. Umukpoeruo - for the 3rd to 5th Respondents.
Judgement
YAKUBU JCA (Delivering the Lead Judgment): The appellant, along with his political party - the Peoples’ Democratic Party (PDP) had on 2 August 2012, filed a petition at the Edo State Governorship Election Petition Tribunal, holden at Benin City, against the election of the 1st respondent on 14 July 2012 as the duly elected Governor of Edo State. The petitioners’ witnesses were listed as thirty-one (31) and each of their written depositions on oath were all contemporaneously filed and frontloaded along with the said petition.
In an application filed on 10 August 2012 at the instance of the 2nd petitioner - the PDP, that it was no longer desirous of prosecuting and/or maintaining the aforesaid petition, her name was struck out as a party to the petition.
Each set of the respondents reacted to the petition by filing their replies to it. They also filed each of their witnesses’ statements on oath contemporaneously with their replies to the petition. In response to the aforesaid replies, …
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