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PEOPLES DEMOCRATIC PARTY v. CHIEF TIMIPRE MARTIN SYLVA, ALL PROGRESSIVES CONGRESS (APC), INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & HON. HENRY SERIAKE DICKSON

(2016) JELR 33602 (SC)

Supreme Court  •  SC.845/2016  •  18 Nov 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC OLUKAYODE ARIWOOLA JSC CLARA BATA OGUNBIYI JSC KUMAI BAYANG AKA'AHS JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC CHIMA CENTUS NWEZE JSC AMIRU SANUSI JSC

Judgement

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This appeal was argued on the 8th day of November, 2016 but due to the peculiarity of the case, the Court stood down the appeal and delivered its judgment thereafter on the same day whereby the appeal was struck out on the preliminary objection raised by the 1st and 2nd respondents which was sustained. We then reserved to give reason for our decision today the 18th day of November, 2016. Here goes the reason for our judgment.

This is an appeal against the judgment of the Court of Appeal, Abuja division (hereinafter referred to as the Lower Court) delivered on 22nd September, 2016 which dismissed the appeal filed by the appellant.

The gist of the matter that culminated into this appeal goes thus: The 1st and 2nd respondents herein, as Petitioners had filed a petition No. EPT/BY/GOV/002/2016 on the 30th of January, 2016. In the said petition, they had challenged the election and declaration of the 4th respondent as the Governor…

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