MR. IBIBIAMA F. G. ODOM & ORS V. THE PEOPLES DEMOCRATIC PARTY & ORS
(2013) JELR 35689 (CA)
Court of Appeal
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CA/PH/404/2011
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12 Feb 2013
•
Nigeria
Coram
EJEMBI EKO JCA
CHIOMA EGONDU NWOSU-IHEME JCA
MODUPE FASANMI JCA
Appearances
B.M. Wifa, (SAN) with him is E. Alikor, Esq. For the Appellant;
E.C. Aguma with him is I.L. Aduo appears for the 2nd Respondent;
M.U.S. Amadi Oparaeli appears for the 1st & 3rd Respondents.
Judgement
<p><strong>MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): </strong>This is an Appeal against the judgment of the Rivers State High Court of Justice delivered by Hon Justice O. Daniel-Kalio on the 24th of June, 2011.</p><p> The Appellants by their writ of summons dated the 25th of January 2011 and filed same date claim against the Respondents jointly and severally as follows:</p><p> (1) A declaration that the purported result and or result sheet put forward by the Defendant and their officials (the returning officers) which is before the Appeal panel purportedly in favour of and declaring of and or declaring Dr. Sekonte Davies as the winner of the Bonny/Degema Federal Constituency party election is defective, null and void for non compliance with the Electoral Act.</p><p> (2) A declaration that the 2nd Defendant did not pool (sic) the majority of the votes cast in the Bonny/Degema (sic) Federal Constituency party primary election (i.e. the House of Representative on 6/01/2011).</p><p> (3) A declaration that Mr. Ibibiama FâŚ</p>