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NYESOM WIKE EZENWO V. AWARA BIOKPOMABO FESTUS AND 3 ORS

(2019) JELR 91871 (SC)

Supreme Court  •  SC.1111/2019  •  25 Oct 2019  •  Nigeria

Coram
OLABODE RHODES-VIVOUR, J.S.C. KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. JOHN INYANG OKORO, J.S.C. CHIMA CENTUS NWEZE, J.S.C. AMIRU SANUSI, J.S.C. EJEMBO EKO, J.S.C. UWANI MUSA ABBA AJI, J.S.C.

Appearances
Emmanuel Ukala, SAN, Okey Wali, SAN and F.O. Orbih,SAN (with them, O.J. Iheko Esq.) - for the Appellant AND Samuel O. Zibiri, SAN (with him, C.W. Jerome Esq., M.S.Ibrahim Esq., Olumide Olaiya Esq., Evelyn Eyang Takon Esq.and M. Mustapha Esq.) - for the 1 st Respondent H. A. Bello Esq. - (with him, I. E. Mboho Esq., P.A. ObimEsq.and H. Aleruchi Esq.) – for the 2nd Respondent Steve Adehi SAN - (with him, Joy Edomobi Esq., and VictorOche Esq.) - for the 3rd Respondent

Judgement

EKO, J.S.C. (Delivering the Leading Judgment): The appellant was the candidate sponsored by the 4th respondent, the People’s Democratic Party (PDP) at the Rivers State Governorship Election. He was declared the winner of the election by the Independent National Electoral Commission (INEC), the 3rd respondent herein. The 1st respondent, sponsored by the 2nd respondent (African Action Congress - AAC) was one of the other candidates who contested the said Governorship election.

The 1st and 2nd respondents, aggrieved by the return of the appellant, challenged the return vide a joint petition taken out on their behalf by Tawo E. Tawo, SAN and Co, legal practitioners.The joint petition was before the Governorship Election Tribunal (the tribunal). However, on 21st May, 2019, the 2nd respondent (AAC) filed a notice of change of counsel by which the tribunal was notified that Tawo E. Tawo, SAN and Co, legal practitioners, no longer was their counsel and that H. A. Bello, Esq. of counsel, had be…

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