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APC V. ADP & ORS

(2021) JELR 109242 (CA)

Court of Appeal  •  CA/B/EPT/GOV/04/2021  •  26 May 2021  •  Nigeria

Coram
Mojeed Adekunle Owoade, JCA Ita George Mbaba, JCA Uchechukwu Onyemenam, JCA Amina Audi Wambai, JCA Abubakar Sadiq Umar, JCA

Appearances
EMMANUEL I. USOH, ESQ. for the Appellant; IKHIDE EHIGHEWA, ESQ. for the 1st and 2nd Respondents; ASIWAJU AWOMOLO, SAN with him, CHIKE NWOGBO for the 3rd Respondent; O. OYEYIPO SAN with him, O. ROTIMI, SAN. for the 4th Respondent; K. MOZIA, SAN. with him, JALOWO, SAN for the 5th Respondent; I. A. OSARENKA for the 6th Respondent.

Judgement

ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Governorship Election Petition Tribunal sitting at Benin delivered on 29th March, 2021, coram: Yunusa Musa J. (Chairman), S. Y. Abubakar J. (Member I) and O. O. Stanley J. (Member II) wherein judgment was entered against the 1st and 2nd Respondents who were Petitioners at the Tribunal and in favour of the 4th and 5th Respondents.

The 1st Respondent sponsored the 2nd Respondent in the said election. The 4th Respondent sponsored the 5th Respondent, while the Appellant herein sponsored the 6th Respondent. The 3rd Respondent conducted the election, declared and returned the 5th Respondent as the winner of the Governorship Election held in Edo State on 19/9/2020.

Miffed by the declaration and return of the 5th Respondent as the Governor of Edo State, the 1st and 2nd Respondent as Petitioners filed an Election Petition dated 5th October, 2020, challenging the aforesaid return of the 5t…

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