MARKUS NATINA GUNDIRI ALH. ABDULRAZAK SA’AD NAMDAS V. REAR ADMIRAL M. H. NYAKO BALA JAMES NGILARI PEOPLES’ DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION RESIDENT ELECTORAL COMMISSIONER THE STATE RETURNING OFFICER ACTION CONGRESS OF NIGERIA

OGUNBIYI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Yola, Adamawa State delivered on 22 September 2012 by which the court dismissed the appeal of the appellants against the judgment of the Governorship Election Petition Tribunal, Yola, delivered on 25 July 2012 which dismissed their petition. The judgment of the Court of Appeal is contained at pages 3882 to 3918 of vol. VIII of the records of appeal while the notice of appeal against the judgment is contained at pages 3941 to 3949. Apart from the appeal of the appellant herein against the said judgment of the Governorship Election Tribunal, Yola to the lower court, there was also another appeal No. CA/YL/EPT/GOV/7/2012 against the same judgment filed by the 7th respondent herein. The lower court consolidated the two appeals for hearing on the application of the appellants counsel. The judgment of the lower court in respect of this second appeal is contained at pages 3918 to 393…