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SENATOR JOHN JAMES AKPANUDOEDEHE & ORS. V. GODSWILL OBOT AKPABIO & ORS.

(2011) JELR 34654 (CA)

Court of Appeal  •  CA/C/NAEA/GOV/173/2011  •  15 Sep 2011  •  Nigeria

Coram
JA'FARU MIKA'ILU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Appearances
Prof. Oluyemi Osinbajo, SAN with Doyin Ewedemi Esq., and Abimbola Ojenike Esq. For Appellant Chief Bayo Ojo, SAN with Adebayo Adenipekun, SAN, Chief Duro Adeyele, SAN, Chief Victor Iyanam, Uwemedimo Nwoko, Esq., Oluwashina Ogungbade, Esq., Salman A. Salman, Esq., Edgerton Onah, Esq., Alex Owoeye, Esq., Utibe Nwoko, Esq and O. Agbo, Esq.,Adekunle Ogesanya, Esq., with Dominic Okon, Esq., Edet Bassey, Esq. and Emmanuel Akpan, Esq. (for the 3rd Respondent)Ben Osaka Esq., with Jacob Akpong Esq. and Imabong I. John (Mrs) (for the 4th Respondent) For Respondent

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Governorship Election Tribunal (hereinafter called the tribunal) sitting at Uyo, Akwa Ibom State, contained in the ruling delivered on 18th July, 2011 wherein the tribunal granted the 1st and 2nd respondents' motion for dismissal of the appellant's petition among other order sought therein.

The appellants as petitioners filed Petition No. EPT/AKS/15/2011 on 16th May, 2011 to challenge the declaration and return of 1st and 2nd, respondent by the 4th respondent as winners of the governorship election, held on 26th April, 2011 in Akwa Ibom State Nigeria and as the elected Governor and Deputy Governor respectively of the State.

Upon service of the petition, the respondents filed their respective replies to the petition whereafter the appellants as petitioners applied for issuance of pre - hearing notice vide their letter dated 17th June, 2011 but filed on 27th June, 2011. …

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