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DR. IMORO KUBOR & ANOR V. HON. SERIAKE HENRY DICKSON & 2 ORS

(2012) JELR 35205 (CA)

Court of Appeal  •  CA/PH/EPT/10/2012  •  31 Aug 2012  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; PAUL ADAMU GALINJE JCA; JOHN INYANG OKORO JCA; MUHAMMED AMBI-USI DANJUMA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
A.J. OWONIKOKO (SAN) WITH INIBIE AWOIKIEGHA ESQ, ESQ, K.S. ELENWO ESQ., AND ADEBOLA OLUKOSI ESQ., For Appellant TAYO OYETIBO (SAN), O.O FAKUNLE SAN, WITH PREYE AGEDAH, ALEX NNORUM, DONALD ATOGBO ESQ, OLAMIDA AKINLA ESQ, JOHN AGA ESQ, E.M. FIGILO ESQ FOR THE 1ST RESPONDENT.G.I. ABIBO (SAN) WITH DR. A.E. OKORODAS, WILSON AJUWA ESQ, F.N. NWOSU ESQ, B.A. AZEBI ESQ, S. JOHNBULL OF CHIEF J.K. GADZAMA SAN FOR THE 2ND RESPONDENT.CHIEF ADEGBOYEGA AWOMOLO SAN WITH S.A. SOMIARI ESQ., SAMUEL BRUSIBE ESQ, DOUTIMI AYABOWEI ESQ, AND HENRY OTOBO ESQ FOR THE 3RD RESPONDENT For Respondent

Judgement

MOHAMMED LADAN TSAMIYA, JCA (Delivering the Leading Judgment): On February 11, 2012, the Independent National Electoral Commission (INEC) (herein referred to as the 3rd Respondent) conducted the election for the office of Governor of Bayelsa State. The 1st Respondent was sponsored by the 2nd respondent as its candidate at the said election while the 1st appellant was sponsored by the 2nd appellant. Other political parties also fielded their respective candidates in the election. At the end of the election the 1st respondent was declared winner and returned elected. The appellants being not satisfied with declaration and return of the 1st respondent, filed their petition challenging the said declaration and return of the 1st respondent by the 3rd respondent. The Governorship Election Tribunal (herein referred to as the Tribunal) heard the petition and in its judgment, delivered on July 11th 2012, dismissed the petition in its entirety. This appeal is against the judgment of the Tribuna…

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