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CHIEF GREAT OVEDJE OGBORU & ANOR. V. DR. EMMANUEL EWETAN UDUAGHAN & ORS.

(2010) JELR 33738 (CA)

Court of Appeal  •  CA/B/EPT/38/10  •  9 Nov 2010  •  Nigeria

Coram
MONICA B. DONGBAN-MENSEM JCA OLUKAYODE ARIWOOLA JCA OYEBISI FOLAYEMI OMOLEYE JCA JOHN INYANG OKORO JCA CHIMA CENTUS NWEZE JCA

Appearances
N. I. Ichekor for the 1st and 2nd appellants; with him:Uzo Onwukwe; W. O. Kokohor and C. S. Jokpogho For Appellant K. T. Turaki, A. Adenipekun, SAN; for the 1st respondent, with him:V. O. Grant; J. Ikomi; A. Asala; E. Ohwovoriole; C. Maduke and W. S. Bissellah (Miss); Chief E. L. Akpofure, SAN for the 2nd and 2975th respondents; with him:V. O. Idiapho; J. I. Odibelu, with him S. A. Owootori, for the 3th-2974th respondents. For Respondent

Judgement

MONICA B. DONGBAN-MENSEM, JCA (Delivering the Leading Judgment): Some time in 2007, precisely on April 14, 2007, the third respondent (INEC) herein allegedly conducted gubernatorial elections in Delta State. The first appellant was the candidate of the second appellant; on the other hand, the second respondent sponsored the candidature of the first respondent. At the end of the exercise, the third respondent returned the first respondent as the winner of the said election. Dissatisfied, the appellants beseeched the Governorship/Legislative Houses Election Petition Tribunal, holden at Asaba (hereinafter referred to as the "the tribunal") with a petition praying for certain specific reliefs. Pleadings were settled and exchanged in accordance with the applicable Rules and Practice Directions. At the conclusion of the hearing, the tribunal, in its judgment of October 19, 2009, (about one year ago), dismissed the petition. Dissatisfied with the outcome of the proceedings, the appellants ap…

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