SEN. DANIEL I. SAROR & ANOR V. HON. GABRIEL TORWUA SUSWAM & ORS

MOHAMMED L. TSAMIYA, JCA: (DELIVERING THE LEADING JUDGMENT): This appeal has arisen from the decision of the Governorship Election petition Tribunal (herein referred to as "the tribunal") sitting at Makurdi in Benue State of Nigeria, The decision in which the petition was struck out, was made on 28/02/2012 and the decision was reached in view of the recent decisions of the Supreme Court in Appeal No.SC/23/2012: Action Alliance v. I.N.E.C and 4 Ors. delivered on 14/02/2012 (unreported), and the consolidated Appeals Nos. S.C.1/20I2 All Nigerian Peoples Party (A.N.P.P.) v. Alhaji Kashim Shettima and Anor., and S.C. 2/2012 - Alhaji Kashim Shettima and 1 Or. v. Mohammed Goni and 4 Ors., delivered on 17/02/2012. (Unreported).

The facts of this case show that the 1st appellant (as the 1st petitioner) and the 1st respondent both were candidates in the general election to the office of Governor of Benue State, on the platform of the 2nd appellant and 2nd respondent respectively. On 27/04/2011 …