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HON. GABRIEL TORWUA SUSWAM V. PROF. STEVE TORKUMA UGBA & ORS.

(2012) JELR 35196 (CA)

Court of Appeal  •  CA/MK/EPT/06/2012  •  16 Feb 2012  •  Nigeria

Coram
M.B. DONGBAN-MENSEM JCA THERESA NGOLIKA ORJI-ABADUA JCA R.O. NWODO JCA

Appearances
Chief E.K. Ashiekaa with J.S.I. Anchase Esq, Musa Tenden Esq., S.A. Udaja Esq., T.T. Igba Esq, N.L. Ikyaagba (Mrs.) and F.T. Kusugh Esq., For the Appellant; S.A. Okumah Esq., with S.A. Ngavan Esq., M.I. Atagha Esq., J.I. Abasag Esq., J.K. Mrida Esq., J.T. Agor Esq., C.I. Iornogu Esq., A.I. Wombo Esq., T.R. Tombowua Esq., M.T. Assoh Esq., J.A. Gbagir Esq., E.Z. Agbakor Esq., T.M. Agbor Esq. and P.S. Agbaagu EsqChief S. Akuma, SAN, with Chief John J.A. Ochoga, C.A. Gbele Esq., G.E. Ukaegbu Esq., P.N. Jooji (Mrs.) and C.T. Mue Esq. A.C. Uchin (Mrs.) with V.M. Tsesande Esq., and S.I. David (Miss) For the Respondent.

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): On the 2nd February, 2012, I made pronouncement in this appeal dismissing the same and then deferred the reasons for the judgment to a later date. These are now the reasons.

The facts culminating in this appeal stems from the Election Petition dated and filed on the 17th May, 2011 by the 1st and 2nd Respondents against the Appellant and the 3rd and 4th Respondents claiming about five reliefs in the main and two in the alternative.

Then, following the application for issuance of pre-hearing notice, the orders made by the Tribunal in respect thereof, and the order dismissing the 3rd Respondent's Motion on Notice for dismissal of the Petition, an appeal was lodged before this Court which was heard and determined. Upon their dissatisfaction with the pronouncement of this Court, a further appeal was presented before the Supreme Court. In its judgment delivered on the 14th November, 2011, the Supreme Court made an order …

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