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PEOPLES DEMOCRATIC PARTY (PDP), SENATOR DOUYE DIRI & SENATOR LAWRENCE EWHRUIJAKPO V. ALL PROGRESSIVES CONGRESS (APC) ,SENATOR HEINEKEN LOKPOBIRI, LYON DAVID PEREWORINMI & INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

(2019) JELR 110903 (CA)

Court of Appeal  •  CA/PH/310M/2019(R)  •  17 Dec 2019  •  Nigeria

Coram
Ali Abubakar Babandi Gumel Isaiah Olufemi Akeju Bitrus Gyarazama Sanga

Appearances
F. N. NWOSU, ESQ. with him, CHUKS UGURU, ESQ., N. OGBHISEH, ESQ., I. M. BROWN, ESQ. and F. EDOYAN, ESQ. For the Appellant CHIEF KARINA TUNYAU, SAN, with him, M. J. NUMA, ESQ. and JULIUS IYEKOROGHE, ESQ. for 1ST RESPONDENT. F. B. OLOROGUN, ESQ. with him, I. E. ONOKOWHAKE, ESQ. and T. MAMOFEDE, ESQ. for 2ND RESPONDENT. I. S. IBANICHUKA ESQ. for 3RD RESPONDENT. COLETTE DOGBO-OGBEDU, ESQ. for 4TH RESPONDENT.

Judgement

BITRUS GYARAZAMA SANGA, J.C.A.(Delivering the Lead Ruling): The Applicants filed a Motion on notice on 21st November, 2019 seeking for the following reliefs: -

1. AN ORDER for leave of the Appellants/ Applicants to appeal as Persons interested in the matter in the decision and/or Order of the Court of Appeal Port Harcourt Division made on 15th November, 2019 granting stay of execution or maintenance of status quo ante bellum to the judgment of the Federal High Court Yenagoa in Suit No. FHC/YNG/CS/100/2019 – Senator Heineken Lokpbiri V. APC and 2 Other (sic) delivered on the 14th November, 2019 per Inyang J. and nullifying the APC Governorship Primary Election in Bayelsa State for the 16th November, 2019 Governorship Election.

2. AN ORDER deeming the notice of appeal dated 20th day of November, filed as properly filed subject to the payment of appropriate filing fees as accessed.

The grounds upon which the application is brought are as follows:-

1. That the judgment of the Federal High Cou…

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