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ALHAJI MUHAMMADU MAIGARI DINGYADI & ANOR V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2011) JELR 49101 (SC)

Supreme Court  •  SC.32/2010  •  8 Apr 2011  •  Nigeria

Coram
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; JOHN AFOLABI FABIYI JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC; SULEIMAN GALADIMA JSC; BODE RHODES-VIVOUR JSC;

Judgement

OLUFUNLOLA OYELOLA ADEKEYE, J.S.C (Delivering the Leading Ruling): On the 1st of March 2011, the applicants, Alhaji Muhammadu Maigari Dingyadi and Democratic Peoples Party, through their counsel, learned senior Advocate, Chief Olujinmi moved the application filed on 17th of December 2010 praying for an order of this court as follows: -

"Setting aside the portion or part of the judgment of the court delivered on 26th day of November, 2010 dismissing Appeal No. CA/S/EP/Gov/10/09 pending before the Court of Appeal Sokoto on the ground of abuse of court process."

The grounds of the application are: -

1. The only way the Supreme Court can entertain a matter is by way of an appeal to it from the decision of the Court of Appeal in specified circumstances under the Constitution of the Federal Republic of Nigeria 1999.

2. There was no such appeal.

3. Appeal No. CA/S/EP/Gov/10/09 was not before this court and this court could not have exercised any jurisdiction on same.

4. Appeal No. CA/S/EP/Go…

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