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PEOPLES DEMOCRATIC PARTY (PDP) v. HON. (DR.) DAKUKU ADOL PETERSIDE & ORS

(2016) JELR 41584 (SC)

Supreme Court  •  SC.1001/2015 (REASONS)  •  12 Feb 2016  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; IBRAHIM TANKO MUHAMMAD JSC; NWALI SYLVESTER NGWUTA JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This appeal was heard on 27th January 2016. Learned counsel for the parties adopted their respective briefs of argument and made some oral submissions therein. I pronounced my judgment on that day allowing the appeal and undertook to give my reasons today.

This appeal is against the judgment of the Court of Appeal, Abuja Division delivered on 10th December 2015 affirming the judgment of the Rivers State Governorship Election Tribunal delivered on 24th October, 2015, which nullified the election and return of the 4th respondent as Governor of Rivers State and order the conduct of a fresh election.

The 1st and 2nd respondents were dissatisfied with the return of 4th respondent and filed a petition before the Tribunal on the following

"(i) That the 2nd respondent was not duly elected by majority or highest number of lawful votes cast at the election;

(ii) That the election of the 2nd respondent was invalid a…

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