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HON. AMOS GOMBI GOYOL & ANOR V. THE INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2011) JELR 34647 (CA)

Court of Appeal  •  CA/J/EPT/SN/197/2011  •  2 Dec 2011  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; REGINA OBIAGELI NWODO JCA;

Appearances
S. E. Umoh (SAN) with A. Joseph, D. N. Gweison, M. W. Haniani, O. O Agu, E. B. Edee, M. P. Mwansat, A. Yusuf and B.D. Daze For Appellant Stephen Ibyen for 1st Respondent.O. I. Olorundare, (SAN) S. T. Ologunrisa, (SAN) S. G. Odoy Daniel Gopep, P. Ninmol, Benjamin Isheku, John Joshua, A .M Umar, A. T. Balogu, P. A. Ubang, D. P. Dusu and M. Ahupa for 2nd and 3rd Respondents. For Respondent

Judgement

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): On the 25 of November, 2011 we heard the instant appeal. Consequent upon which we pronounced our decision dismissing the appeal and reserved the reasons for the decision on a later date to be communicated to the respective parties. The following postulations are the reasons that informed our decision in dismissing the appeal.

The 1st and 2nd Appellants were petitioners before the National and State Houses of Assembly Election Tribunal sitting in Jos. on the 26th of April, 2011, General Election was conducted by the 1st Respondent for the seat of Member Representing Pankshin, Kanke and Kanam Federal Constituency of Plateau State in the House of Representative. The 1st Petitioner contested for the seat on the platform of the 2nd Petitioner (Labour Party). The 3rd Respondent contested for the same seat on the platform of 2nd Respondent (Peoples Democratic Party). On conclusion of the election the 3rd Respondent was declared…

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