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

(2011) JELR 34666 (SC)

Supreme Court  •  SC.361/2011, SC.362/2011 (Consolidated)  •  16 Dec 2011  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; JOHN AFOLABI FABIYI JSC; OLUFUNMILOLA OYELOLA ADEKEYE JSC; MARY UKAEGO PETER-ODILI JSC;

Appearances
O.M. Sagay SAN,K. Yunyan SAN,R. Emukpoeruo, Prof J. M. Mbaduaha,U. Onwukwe, T.S. Awhana, A.I. Moro For Appellant Chief Wole Olanipekun SAN,Ken Mozia SAN,Chief Olusola Oke,V. O, Grant,Joshua Alobo,Bode Olanipekun,K.N. Azdie,A.I. Oniyangi,S. O. AbbahMr. Adebayo Adenipekun SAN,J. Ikomi,Gboyega Oyewole,Ayo Asala, Kehinde OgunwumijuAhmed Raji,Zekeri Garuba, M. A. Salami For Respondent

Judgement

MARY UKAEGO PETER-ODILI, J.S.C: On the 17/11/2011, these appeals were consolidated and heard at the end of which we decided to strike them out on the grounds of lack of any live issue as the appeals have lapsed. We promised to give our full reasons for the decision later. I now give my reasons.

The appeals stem from the decision of the Court of Appeal, Benin, dated 20/9/2011, whereat the appellant's appeal against the decision of the Tribunal of 25/7/2011, having been earlier dismissed on the ground that the subject matter on ground, there was no live issue contestable as between the Parties.

1. After the 2007 April election a re-run election was ordered by the Court of Appeal and the election was conducted on the 6/1/2011.

2. On the 25/7/2011, the trial Tribunal decided the petition filed by the Appellant.

3. Before that decision of the 25/7/2011 in Suit No. FHC/ASB/CS/20/2011, the tenure of the 1st Respondent was adjudged to expire by 29/5/2011 on the said re-run election.

4. Despit…

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