INDEPENDENT NATIONAL ELECTORAL COMMISSION V. HON. EMEKA ATUMA & ORS
(2013) JELR 35836 (SC)
Supreme Court
•
SC.56/2012
•
17 May 2013
•
Nigeria
Coram
MAHMUD MOHAMMED JSC;
JOHN AFOLABI FABIYI JSC;
BODE RHODES-VIVOUR JSC;
MARY UKAEGO PETER-ODILI JSC;
KUMAI BAYANG AKA'AHS JSC;
Appearances
Dr. Onyechi Ikpeazu, SAN (with him Ogechi Ogbonna, Esq. and Tobechukwu Nweke, Esq.) For Appellant
Chief Akin Olujinmi, SAN (with him Akinshola Olujinmi, Esq., Olufemi Atetedaye, Esq., Ayodele Akinsanya, Esq. and Oluwole Ilori, Esq.) for the 1st Respondent.Nnamdi Mwkocha - Ahaire, Esq. (with him Nwala Orade, Esq., Emeka Eze, Esq., Anyanwu Abrahim. Esq., Harry Nnedinma, Esq. and Sam Iheonnaekwu, Esq.) for the 2nd Respondent.Joshua E. Alobo, Esq., (with Aisha Ali (Miss) for the 3rd Respondent. For Respondent
Judgement
<p>JOHN AFOLABI FABIYI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division (the court below) delivered on 13th December, 2017. Therein, the appeal by the 1st respondent against the judgment of the Federal High Court (the trial court) delivered on 21st April, 2011 was allowed and the decision was ultimately set aside.</p><p> It is apt to state the relevant facts leading to this appeal which arose from a dispute between the 1st respondent on the one part and the 2nd and 3rd respondents on the other part, as to whether or not Osisioma Ngwa Local Government Area was in Abia Central Senatorial District for the purpose of the 2011 general election for the said Senatorial District. </p><p> On 9th July, 2010, the 1st respondent wrote Exhibit EA1 to the appellant wherein he sought clarification on the Local Government Areas that comprised Abia Central Senatorial District. He received the appellant's letter of clarification - Exhibit EA2 which…</p>