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BRIG. GEN. MOHAMMED BUBA MARWA & ORS. v. ADMIRAL MURTALA NYAKO & ORS

(2012) JELR 35207 (SC)

Supreme Court  •  SC.141/2011 (CON)  •  27 Jan 2012  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC; MARY UKAEGO PETER-ODILI JSC;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, JSC (Delivering the Leading Judgment): The consolidated appeals arose from the decision of the Court of Appeal, Holden at Abuja, delivered on the 15th day of April, 2011, in which the Court dismissed the consolidated appeal nos. CA/A/113/2011; CA/A/117/2011; CA/A/118/2011; CA/A/119/2011 and CA/A/128/2011 and affirmed the decision of the Federal High Court Holden at Abuja, delivered on 23rd February, 2011.

The facts relevant to the appeals are a fall out of the general election conducted in Nigeria in 2007. The elections included governorship election into the office of governor of the 36 (thirty-six) states of the Federation. The victory of some of the state governors was challenged by other candidates on various grounds ranging from unlawful disqualification, electoral malpractices, to total absence of elections, which, however produced winners.

The following were among the successful governorship candidates whose electoral victories were challenged succ…

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