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PROF. IGNATIUS AYUA V. REV. FATHER MOSES O. ADASU & ORS

(1992) JELR 43105 (CA)

Court of Appeal  •  CA/J/50/92  •  31 Mar 1992  •  Nigeria

Coram
MUHAMMED MUSTAPHA ADEBAYO AKANBI JCA; ALOMA MARIAM MUKHTAR JCA; YEKINI OLAYIWOLA ADIO JCA; OBINNAYA ANUNOBI OKEZIE JCA; NIKI TOBI JCA;

Appearances
Chief Afe Babalola SAN (with him, U. T. Uji, B. I. Horn, L. O. Fagbemi, and E. A. Adenipakun) D. G. Vembeh (with him, S. A. Orkumah, M.I. Isha For Appellant David Adulugba, Solicitor-General, Benue State (with him Tilley Gyado (Mrs.), Assistant Director of Civil Litigation and C. Ogabo (Mrs.), State Counsel) For Respondent

Judgement

AKANBI, JCA (Delivering the Leading Judgment): Consequent upon the promulgation of the State Government (Basic Constitutional and Transitional Provision Decree 1991 No.50) hereinafter referred to as Decree 50) elections were held on 14th December 1991 throughout the Federation to elect the Governors and members of the various Houses of Assembly. In Benue State, the two contestants for the exalted office of the Governor of the State were Rev. Fr. Moses Adasu who contested on the platform of the Social Democratic Party and Professor Ignatius Ayua who was the nominated candidate for the National Republic Convention. When the result of the election was announced, Rev. Fr. Adasu emerged the winner and was accordingly declared the Governor of Benue State by the National Electoral Commission the body charged with the responsibility for conducting elections throughout the country.

Being dissatisfied with the result so declared, the unsuccessful candidate, Professor Ignatius Ayua, carried his …

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