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PEOPLES DEMOCRATIC PARTY V. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS

(2012) JELR 34749 (SC)

Supreme Court  •  SC.6/2012  •  17 Feb 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

M. S. MUNTAKA-COOMASSIE, J.S.C.: (Delivering the Leading Judgment) The appellant challenged the return of the 2nd and 3rd respondents as the duly elected Governor and Deputy Governor respectively of Zamfara State in the gubernatorial election conducted on 26/4/2011. The respondents filed their respective replies to the petition in which they encompassed their objections to the Petition.

The trial Tribunal ordered that the objection would be heard together with the substantive petition. The petition was heard on its own merit after which the parties filed their respective written addresses. The respondents argued the objections in their written addresses while the appellant also replied. The trial Tribunal in its judgment up held the objection and Struck out paragraphs 12, 17, 18, 19, 22, 27, 29, 30, 31, 32, 33, 34, 36, 37, 41, 42, 43 and 44 of the petition.

In all, the trial Tribunal held that the petitioner has failed to prove the allegations in its petition and same was dismissed.

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