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

(2012) JELR 34733 (SC)

Supreme Court  •  SC.18/2012  •  2 Mar 2012  •  Nigeria

Coram
SAMUEL WALTER NKANU ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC; SYLVANUS NWALI NGWUTA JSC; MARY UKAEGO-PETER ODILI JSC;

Appearances
O. M. Sagay [SAN], with him: Dr. J. A. Nwobike (SAN), N. I. Ichekor, Prof. J. N. Mbadugha, R. Emukpoeruo, Uzo Onwukwe, T. S. Awhaha, V. O. Odjemu, C. S. Jokpogho, C. Oniyere and Ikhide Ehighelua For Appellant Chief Wole Olanipekun (SAN), with him: Alex Izinyon (SAN) and Ken Mozie (SAN) for the 1st respondent. A. Adenipekun (SAN), with him: J. Ikomi Esq., and Ayo Azala for the 2nd respondent. Onyechi Ikpeazu (SAN), with him: H. M. Liman, A. Raji, Chidi Muolokwu and F. Ekpenyong for the 3rd respondent. For Respondent

Judgement

I. T. MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Benin, court below delivered on 5th January, 2012, wherein the court below dismissed the appeal of the Appellants. The reason for the judgment of the court below is in the supplementary record before this court.

The Appellants filed two Notices of Appeals, one dated 6th of January, 2012 and the other one dated 18th January, 2012. Both Notices of Appeals were argued by the Appellants in their briefs of argument.

The appellants' main reason for the appeal was because the court below delivered its judgment on 5th January, 2012 and reserved its reason to a later date, which was subsequently delivered on the 27th day of January, 2012.

The background facts of the appeal as contained in the printed record of appeal are that the 1st appellant was the candidate of the 2nd appellant in the 26th April, 2011 Gubernatorial Election in Delta State. He lost the election in which …

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