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MR. JOHNNY LAR SALBIE & ANOR v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS.

(2008) JELR 33558 (CA)

Court of Appeal  •  CA/PH/EPT/373/2007  •  24 Apr 2008  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; TIJJANI ABDULLAHI JCA; EJEMBI EKO JCA;

Judgement

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): Before the Governorship and Legislative Houses Election Tribunal sitting at Port Harcourt (hereinafter called "the trial Tribunal" the Appellants were the petitioners. The Respondents herein were the Respondents in the said petition. The 1st petitioner/Appellant contested on the platform of the 2nd Petitioner /Appellant with the 4th Respondent for a seat in the Rivers State House of Assembly representing Gokana Local Government Area of Rivers State, as a constituency. The election held on 14th April, 2007 was conducted by the 1st-3rd Respondents. The 4th Respondent, after the said election, was returned as the winner of the election. Dissatisfied the Petitioners/Appellants filed their petition challenging the return of the 4th Respondent by the 1st - 3rd Respondents. The petition was subsequently served on all the Respondents.

The 4th Respondent, after service of the processes on him entered conditional appearance through his Couns…

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