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OGBARA GABRIEL MICHAEL & ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2016) JELR 36918 (CA)

Court of Appeal  •  CA/PH/EPT/417/2015(R)  •  17 Feb 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; TOM SHAIBU YAKUBU JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Lead Ruling):?This is a motion on notice filed on 1/2/16 by the 2nd Respondent/Applicant seeking the following orders from this Court.

1. An order reviewing the judgment of this Honourable Court delivered in this matter i.e CA/PH/EPT/417/2015 on the 9th day of December, 2015 to correct an error on the face of the judgment so as to comply with the express provisions of Sections 53(2) (3) and 140(1) (2) of the Electoral Act, 2010 (as amended).

2. An order directing the 1st Respondent (INEC) to conduct another election in Ward 6, Ogbia Constituency 111 of Bayelsa State House of Assembly wherein the elections conducted by the 1st Respondent in all the Units of the said Ward 6 were nullified by the Court of Appeal on the 9th day of December, 2015 and declared 1st Appellant/Respondent Winner of the said election in circumstance where the results of the Polling Units in Ward 6 will affect the overall result of the election in Ogbia Constituen…

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