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COMRADE ADAMS ALIYU OSHIOMOLE V. CHARLES EHIGIE AIRHIAVBERE MAJ, GEN (RTD) & ORS

(2013) JELR 36116 (SC)

Supreme Court  •  SC.473/2012  •  11 Jan 2013  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; JOHN AFOLABI FABIYI JSC; BODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; CLARA BATA OGUNBIYI JSC; KUMAI BAYANG AKAAHS JSC; STANLEY SHENKO ALAGOA JSC;

Judgement

BODE RHODES-VIVOUR, J.S.C (Delivering the Leading Judgment): On the 14th day of July 2012 gubernatorial elections were held in Edo State, The appellant was the candidate for the Action Congress of Nigeria, while the 1st respondent was the candidate for the Peoples Democratic Party, Five other Political Parties and their candidates participated of the elections, but they are of no relevance to the issues in this appeal. At the conclusion of the elections the 3rd respondent, the regulatory body charged with the conduct of elections in Nigeria declared the appellant the winner after he was adjudged to have scored 477,478 votes as against the 1st respondent who scored 144,235 votes. The 1st respondent was not satisfied with the declaration, and so he filed a petition challenging the election and return of the appellant as the Governor of Edo State of Nigeria.

The appellant (1st respondent of the trial tribunal) and the 3rd to 5th respondents raised preliminary objections to the hearing of…

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