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PEOPLES DEMOCRATIC PARTY & ANOR v. TIMIPRE SYLVA & ORS.

(2012) JELR 35244 (SC)

Supreme Court  •  SC.28/2012 (Consolidated)  •  20 Apr 2012  •  Nigeria

Coram
MAHMUD MOHAMMED JSC CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC JOHN AFOLABI FABIYI JSC BODE RHODES-VIVOUR JSC

Judgement

BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): Sometime in 2010 INEC, the regulatory body charged with the conduct of elections in Nigeria announced that General Elections for the office of Governor of Bayelsa State would hold in April 2011. At the time Timipre Sylva, the 1st respondent was the Governor of Bayelsa State. He protested. He was of the view that his tern of office which commenced in 2007 would expire in May, 2012. This according to him was that the elections in 2007 which he won as nullified by the court, which ordered a re-run, which he also won. So his term of office started to run from the date when he took a second oath of office. The 2nd respondent, INEC did not agree with the position taken by the 1st respondent. Elections for the office of Governor of Bayelsa State was to hold in April, 2011 and that was it.

The appellant the Peoples Democratic Party, which the Governor (1st respondent) belonged to decided to hold its primaries in January 2011 with …

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