PEOPLES DEMOCRATIC PARTY & ANOR V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS
(2008) JELR 39571 (CA)
Court of Appeal
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CA/A/EP/302/07
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31 Mar 2008
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Nigeria
Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA
MARY U. PETER-ODILI JCA
ABDU ABOKI JCA
Appearances
Dr. Alex Izinyon SAN, Kenneth, Omoruan, Hanatu Abdulrahaman (Mrs) for the Appellants/Cross-Respondents;
D.O. Ogunezi - for the 1st-6th Respondents;
Yunus Ustaz Usman SAN, Chief U. M. Enwere, D. A. Briggs, T. Sanni - for 7th - 8th Respondent/Cross-Appellants.
Judgement
<p><strong>MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): </strong>This is an appeal by the Appellants who were the Petitioners at the Tribunal against the judgment of the National Assembly Election Petition Tribunal, sitting in Lokoja for Kogi Central Senatorial District Election held on 21st April, 2007. The 1st Petitioner is the registered political party which sponsored the 2 Petitioner for the election for Kogi Central Senatorial District held on 21st April, 2007. The 7th Respondent was also a candidate at the said election having been sponsored by the 8th Respondent. At the end of the election, the 3rd Respondent declared the 7th Respondent as the winner. Dissatisfied with the said declaration, the petitioners went tribunal seeking the reliefs as follows:-</p><p> 1. That the 7th Respondent Alhaji Otaru Salihu Ohize was not duly returned as having the majority of lawful votes in the said election of 21st April, 2007 into the Kogi State Central Senatorial District.</p><p> II. That the unlawful voteโฆ</p>