OGHENETEGA GERMANSON EMERHOR ALL PROGRESSIVES CONGRESS (APC) V. SENATOR (DR.) IFEANYI ARTHUR OKOWA PEOPLE’S DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESIDENT ELECTORAL COMMISSIONER DELTA STATE PROF. BIO NYANANYO (COLLATION OFFICER, DELTA STATE GOVERNORSHIP ELECTION) V. OGHENETEGA GERMANSON EMERHOR ALL PROGRESSIVES CONGRESS (APC) V. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESIDENT ELECTORAL COMMISSIONER, DELTA STATE PROF. BIO NYANANYO (COLLATION OFFICER, DELTA STATE GOVERNORSHIP ELECTION) SENATOR (DR) IFEANYI ARTHUR OKOWA PEOPLE’S DEMOCRATIC PARTY (PDP) V. SENATOR DR. IFEANYI ARTHUR OKOWA V. OGHENETEGA GERMANSON EMERHOR ALL PROGRESSIVES CONGRESS (APC) INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESIDENT ELECTORAL COMMISSIONER, DELTA STATE PROF. BIO NYANANYO (COLLATION OFFICER, DELTA STATE GOVERNORSHIP ELECTION) PEOPLE’S DEMOCRATIC PARTY
(2016) JELR 57479 (SC)
Supreme Court
•
15 Feb 2016
•
Nigeria
Coram
WALTER SAMUEL NKANU ONNOGHEN JSC (Presided) NWALI SYLVESTER NGWUTA JSC MARY UKAEGO PETER-ODILI JSC MUSA DATTIJO MUHAMMAD JSC CLARA BATA OGUNBIYI JSC JOHN INYANG OKORO JSC (Read the Lead Judgment) AMIRU SANUSI JSC
Appearances
Adewole Adebayo, Esq. - for the Appellants in SC. 23/2016. SC.27/2016 and 2nd Respondent in SC. 28/2016.
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Alex Izinyon, SAN, [with him, Ken Mosia, SAN, Chief A.
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K. Osawota, Prof. A. Ekpu, B. K. Abu Esq., C. S. Ekeocha Esq., Victor Ebonka Esq., Bekederemo Dickson Esq., Isaiah Bozimo Esq., L. O. Fagbemi Esq., Josephine Majebi, (Miss.) and C.U. Adah (Miss.)] - for 1st Respondent in
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SC.23/2016, 4th Respondent in SC.27/2016 and Cross Appeal in SC. 28/2016. T. Kehinde, SAN, [with him, Kehinde Ogunwumiju, Esq., Bamikole Aduloju Esq., Nneka Inogbo (Miss), Queenette Agbe (Miss), Ademola Abimbola Esq., Adaeze Anah (Miss), B. O Amawu Esq., A. O. Ashiru (Miss),
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Aminat Adama (Miss), Chinyere Ekpenisi, Esq., Pela Omoefe, (Miss) and E. A. Ibrahim-Effiong, Esq.,) - for the 2nd Respondent in SC.23/2016, 5th Respondent in SC.
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27 / 2016 and 6th Cross Respondent in SC. 28/2016).
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D. D. Dodo, SAN, (with him, Audu Anuga, Esq., Rita Ossai (Miss), Terhemba Gbashima, Esq., Festus Jumbo, Esq., A. A. Dodo, Esq., Patrick Okoh, Esq., S. A. Aigege, Esq., Luter Atagher, Esq., Ginika Ezeoke (Miss), and
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Yunusa Umatu, Esq.,) - for the 3rd and 4th Respondents
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in SC. 23/2016 and 3rd and 4th Cross Respondents in SC. 28/2016.
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Nasiru Dangiri, Esq., (with him Audu Anuga, Esq., Rita E Ossai (Miss), Terhemba Gbashima, Esq., Festus Jumbo, Esq., A. A. Dodo, Esq., Patrick Okoh, Esq., S. A. Aigege,
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Esq., Luter Atagher, Esq., Ginika Ezeoke (Miss), Yunusa Umatu, Esq.and A. L. Leko, Esq.,) - for the 1st and 2nd
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Respondents in SC. 27/2016.
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F Onyinye Anuonye Esq., - for the 5th Respondent in SC. 23 /2016, 3rd Respondent in SC.27 /2016 and 5th Respondent in SC. 28/2016.
Judgement
OKORO JSC (Delivering the Lead Judgment): This appeal was heard on 2 February 2016 and judgment delivered on the same date. In the said judgment, this appeal was adjudged unmeritorious and was accordingly dismissed. I promised to give reasons for the stance of the court on 15 February 2016. I shall proceed to give the said reasons. On 11 April 2015, the 3rd respondent herein (INEC) conducted election into the office of governor of Delta State. In the said election, the 1st appel ant and the 1st respondent were sponsored by the 2nd appellant and 2nd respondent respectively. Sixteen other candidates also contested for the same office. At the conclusion of the election, the 3rd respondent declared the 1st respondent as having been duly elected as governor of Delta State with 724,680 votes out of 956,721 as total number of votes cast. The appellants alleging widespread malpractices and non-compliance with the provisions of the Electoral Act and Guidelines and Manuals published by the 3r…
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