ALL NIGERIAN PEOPLES PARTY & ORS. V. ALHAJI MOHAMMED GONI & ORS.
(2012) JELR 35243 (SC)
Supreme Court
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SC.1/2012 (Consolidated)
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17 Feb 2012
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Nigeria
Coram
WALTER SAMUEL NKANU ONNOGHEN JSC;
IBRAHIM TANKO MUHAMMAD JSC;
OLUFUNLOLA OYELOLA ADEKEYE JSC;
BODE RHODES-VIVOUR JSC;
MARY UKAEGO PETER-ODILI JSC;
Appearances
Dr. Alex A. Izinyon, SAN for the appellant in SC/1/2012 and 3rd respondent in SC/2/2012 with him are messrs R. A Lawal-Rabana, SAN and B. K Abu, Esq; K.S. Lawan, Esq; Kizito Orji, Esq; Hannatu Abdurrahman (Mrs); F. O Izinyon, Esq; Wale Odeleye, Esq; B. S. Zanna, Esq; A. H Goni, Esq; L. O Afagbemi, Esq; K. Usman (Mrs); Otonwen Ibori (Ms); Leo Ikhanoba, Esq.Yusuf Ali, San for appellants in SC/2/2012 and 3rd and 4th respondents in SC/1/2012 with him are messrs Adebayo Adenipekun, SAN and A. K Adeyi, Esq; I.M Chul, Esq; Usman Tatama, Esq; Boye Sobanjo, Esq; A. M Kura, Esq; Mas'ud Alabelewe, Esq; K. K. Elekja, Esq; S. A Oke, Esq; Wahab Ismail, Esq; Alex Akoja, Esq; Kehinde Ogunwumiju, Esq; B. Karumi, Esq; O. Olori-Aje, Esq; O. Babakebe, Esq; T. E. Akintade (Miss); K. O Lawal, Esq and Gboyega Oyemole, Esq. For Appellant
Tayo Oyetibo, SAN for 1st and 2nd respondents in both appeals with him are messrs Dr. Joseph Nwobike, SAN and I. A Kaigama, Esq; M. Oru, Esq; M. Baurkaa, Esq; A. S Akingbade, Esq; O. I. Arasi, Esq; U. M Jawur, Esq and O. Adisa, Esq. Paul Erokoro, Esq, SAN for the 5th respondent in SC/1/2012 and 4th respondent in SC/2/2012 with him are messrs Chief Chukwuma Ekomaru, SAN and Uzoegbo Nelson, Esq; Canice Nkpe, Esq; Ajara Michael, Esq; Kingsley Odey, Esq; Patrick Abanga, Esq; Omosun Barbara, (Miss) and Chinenye Ajaegbu, Esq. For Respondent
Judgement
WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is a consolidated appeal against the judgment of the Court of Appeal, holden at Jos, in appeal NO. CA/J/EPT/GOV/227/2011 delivered on the 23rd day of December, 2011 in which the court allowed the appeal of the 1st and 2nd respondents and ordered that the election petition filed by the said respondents be tried on the merit by an Election Tribunal to be constituted by the appropriate authority.
On the 26th day of April, 2011 elections were held into the office of state governors in Nigeria including Borno state in which the 1st respondent was the governorship candidate of the 2nd respondent for the Office of Governor of Borno State. The appellant in SC/1/2011, ALL NIGERIA PEOPLES PARTY (ANPP), a registered political party who is also 3rd respondent in SC/2/2011 sponsored the 1st and 2nd appellants in SC/2/2011 as Governor and Deputy Governor in the aforesaid election.
At the end of the election, the 4th resp…
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