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DR.ARTHUR AGWUNCHA NWANKWO & ORS. V. ALHAJI UMARU YAR'ADUA & ORS.

(2010) JELR 47598 (SC)

Supreme Court  •  SC.279/2007  •  5 Mar 2010  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JSC MAHAMUD MOHAMMED JSC WALTER SAMUEL NKANU ONNOGHEN JSC IKECHI FRANCIS OGBUAGU JSC FRANCIS FEDODE TABAI JSC MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC OLUFUNLOLA OYELOLA ADEKEYE JSC

Judgement

W. S. N. ONNOGHEN, J.S.C (Delivering the Leading Judgment): On the 18th day of May, 2007, the appellants filed an election petition against the respondents praying for the following relief's:

"(i) An order of the court that the Presidential election held on April, 21, 2007 is invalid for reasons of non-compliance with substantial sections of the Electoral Act, 2006.

(ii) An order of the court that the presidential election held on April 21, 2007 is invalid for reasons of corrupt practices.

(iii) An order of the court that at the time of the election, the 1st and 2nd Respondent were not qualified to contest.

(iv) An order that the 1st and 2nd Respondents were not duly elected by majority of lawful votes cast at the election.

(v) An order of the court that the presidential election 2007 may be declared nullified.

The grounds on which the reliefs are sought are stated as follows;-

"i. That the Presidential election held on 21st April, 2007 was invalid by reason of corrupt practices …

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