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MR. PETER OKOCHA & ANOR V. THE INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2010) JELR 34345 (CA)

Court of Appeal  •  CA/B/EPT/321/09  •  19 Feb 2010  •  Nigeria

Coram
MONICA BOLANAÂ’AN DONGBAN-MENSEM JCA OLUKAYODE ARIWOOLA JCA OYEBISI FOLAYEMI OMOLEYE JCA HUSSEIN MUKHTAR JCA CHIMA CENTUS NWEZE JCA

Appearances
Chief Adeniyi Akintola (SAN), Olatunde Busari, Esq., Alkins Osheye, Esq., Biodun Amole, Esq., F.N. Okeze6. Akinola Oladeji, Esq. For the Appellants; Ken Mozia with O. A. Adeyemi, K.C. Onianwa and A. Ojo, K.T. Turaki (SAN), Adenipekun (SAN) with G.M. Gajam, Esq., O.O. Grant, Esq., A. Asala, Esq., E. Ohwovoriolo, Esq., M. Mozia (Mrs.), A. Abdullahi, Esq. and. C. Maduka, Esq. For the Respondents.

Judgement

M.B. DONGBAN MENSEM, J.C.A (Delivering the Leading Judgment): On the 9th day of July, 2009, the Governorship/Legislative Houses Election Petition Tribunal (hereinafter referred to simply as 'Tribunal' delivered a Judgment dismissing the Petition of the Appellants. The Appellants had presented before the Tribunal, a petition challenging the return of the 4th Respondent as the duly elected candidate. The sole ground of the petition was that the 1st Appellant was validly nominated by the 2nd Appellant to contest the election but that he was unlawfully excluded from participating in the election by the 1st - 3rd Respondents.

The 1st Appellant was the candidate of the 2nd Appellant which is a registered Political Party. The 1st set of Respondents namely the 1st, 2nd and 3rd (hereinafter referred to as the 1st - 3rd Respondents) conducted the said election of the 14/04/2007. The 2nd set of the Respondent namely:

The 4th Respondent was one of the 13 candidates who contested the election and …

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