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PEOPLES DEMOCRATIC PARTY & ANOR V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ANOR

(2011) JELR 34631 (CA)

Court of Appeal  •  CA/J/EP/HA/196/2011  •  2 Dec 2011  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; REGINA OBIAGELI NWODO JCA;

Appearances
O. I. Olorundare, SAN, S. T. Ologuorisa, SAN with S.G. Odey Esq., Daniel Gopep Esq, P, Ninmol Esq, Benjamin Ishaku, Esq. Joshua John Esq, A. M. Umar Esq, A. T. Balogun Esq., P.A. Ubeng Esq, D. P. Dusu Esq and M. Ahupa for Esq. For Appellant S. E. Umoh SAN with C. E. Atsenokha Esq. A. Joseph Esq., D. N. Gwaison Esq., M. W. Hamani (Mrs.), O. O. Agu Esq., E. B. Ede Esq., N. P., Mwansat Esq, A. Yusuf Esq. and B. D. Daze for the Respondent. For Respondent

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National and State House of Assembly Election Tribunal sitting in Jos and delivered on the 29th September, 2011. The 1st and 2nd Appellants herein filed a petition on 18th day May, 2011, seeking to have the 2nd Appellant declared as the winner of the election held on the 26th day of April, 2011 into the Plateau State House of Assembly representing Mangu North-East Constituency of Plateau State.

In its judgment delivered on the 29th day of September, 2011, the Honourable Tribunal upheld the election and return of the 2nd Respondent herein and dismissed the petition. See page 667-708 of the record of Appeal.

Dissatisfied with the judgment, the Appellant herein filed their notice and grounds of appeal on the 18th day October, 2011. See pages 709-716 of the Record of Appeal.

SUMMARY OF FACTS

On the 26th day of April, 2011, General Election was conducted by the 1st Respondent, into …

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