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ATIKU v. INEC

(2019) JELR 91596 (SC)

Supreme Court  •  SC.1211/2019  •  15 Nov 2019  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD, C.J.N. (Presided and Read the LeadingJudgment) OLABODE RHODES-VIVOUR, J.S.C. OLUKAYODE ARIWOOLA, J.S.C. JOHN INYANG OKORO, J.S.C. AMIRU SANUSI, J.S.C. EJEMBI EKO, J.S.C. UWANI MUSA ABBA AJI, J.S.C.

Judgement

I. T. MUHAMMAD, C.J.N. (Delivering the Leading Judgment):On 30th October, 2019, when this appeal was argued, I pronounced judgment the same date after a conference of the Justices to the effect that the appeal lacks merit and was accordingly dismissed. I also informed parties that reasons for dismissing the appeal would be given in due course. The reasons are now ready and I will proceed to state them.

This appeal is against the judgment of the Court of Appeal,sitting as the Presidential Election Petition Court delivered on the 11th September, 2019 in petition No. CA/PEPC/002/2019. In the said judgment, the lower court dismissed the petition of the appellants holding that the petitioners could not prove any of the grounds contained in paragraph 15 of the petition as required by the law. The facts giving birth to this appeal are as summarized hereunder.

On 23rd February, 2019, the 1st respondent herein conducted Election in respect of the office of President of the Federal Republic of Ni…

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