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MR. IBIBIAMA F. G. ODOM MR. INNOCENT IBOROMA HON. EMILY SOLOMON (Suing for themselves individually and jointly as aspirants to the Bonny Federal Constituency Election of the Peoples’ Democratic Party) V. THE PEOPLES’ DEMOCRATIC PARTY HON. SEKONTE DAVIES MR. NTOBARI OGOSU

(2013) JELR 55467 (CA)

Court of Appeal  •  CA/PH/404/2011  •  12 Feb 2013  •  Nigeria

Coram
EJEMBI EKO JCA (Presided) CHIOMA EGONDU NWOSU-IHEME JCA MODUPE FASANMI JCA ( Read the Lead Judgment)

Judgement

FASANMI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Rivers State High Court of Justice delivered by Hon Justice O. Daniel-Kalio on the 24 June 2011.

The appellants by their writ of summons dated 25 January 2011 and filed same date claim against the respondents jointly and severally as follows:

A declaration that the purported result and/or result sheet put forward by the defendant and their officials (the returningofficers) which is beforethe 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. A declaration that the 2nd defendant did not pool the majority of the votes cast in the Bonny/Degema Federal Constituency party primary election into the House of Representative on 6 A January 2011. A declaration that Mr. Ibibiama F. G. Odom, the claimant pooled (sic) the majority …

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