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PROFESSOR ERIC AGUME OPIA V. CHIEF FELIX OVUODOROYE IBRU & ORS

(1992) JELR 43172 (CA)

Court of Appeal  •  CA/B/EP/60/92  •  8 Apr 1992  •  Nigeria

Coram
FRANCIS OLISA AWOGU JCA; ISA AYO SALAMI JCA; AKINTOLA OLUFEMI EJIWUNMI JCA; SUNDAY AKINOLA AKINTAN JCA; JAMES OGENYI OGEBE JCA;

Appearances
Kehinde Sofola, SAN (with him, A, Ochei, K. E. Ossai, H. Eruomiavwo and A. Sulu-Gambari) For Appellant Chief F.R.A. Williams, SAN(with him, Dr. Mudiaga Odje, SAN, G.M. Ibru,U. Itua, Dr. J. O. Akpojaro, E. E. Osifo, E.A. Chukwura, T. E. Williams, C.Ahoja, T. Osisi and G. O. Boyo)Vincent Adaikpoh, Esq., Attorney-General of Delta State. (with him, R. N.Pemu(Mrs.), Solicitor-General, Delta State, A. Uzoka, Assistant ChiefLegal Officer, Ministry of Justice, Delta State and S. O. Onakpoghere, LegalOfficer, Ministry of Justice, Delta State) For Respondent

Judgement

AWOGU, J.C.A. (Delivering the Leading Judgment): The appellant and the 1st respondent were the two candidates at the election for the Office of Governor of Delta State held on 14th December, 1991. The appellant was the candidate of the N.R.C., while the 1st respondent was the candidate of the S.D.P. Following the election, the 1st respondent was returned as duly elected as Governor of Delta State. The appellant being dissatisfied with the result, filed a petition on 13th January, 1992, challenging the result before the Governorship Legislative Houses Election Tribunal, sitting at Asaba and presided over by the Hon. Justice S.O. Okuribido. The hearing commenced on 3rd February, 1992. After the conclusion of hearing and addresses by counsel, judgment was reserved sine die. On February 12th, 1992, the Tribunal delivered its judgment and dismissed the petition with costs. The appellant has appealed against the judgment to this court. His grounds of appeal are as follows:-

l. The Tribunal …

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