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NWALI SYLVESTER NGWUTA, JCA (Delivering the Leading Judgment): My Lords, the suit from which this appeal emanated is an offshoot of the judgment of this Court delivered on 27th January, 2012 in Marwa v. Nyako (2012) 5 NWLR (Pt. 1296) 199. Here are the relevant facts:
The appellant who was the Governor of Bayelsa State had, by the time the said judgment was delivered on 27/1/2012, overstayed his mandate, the same having expired on 29th May 2011.
The 1st Respondent, the Independent National Electoral Commission, held the view, and rightly so as events turned out, that the four year tenure of the appellant would end on 28th May, 2011 and prepared for the next gubernatorial election. The 2nd Respondent, the Peoples Democratic Party, conducted her primary election in January, 2011 at which the appellant emerged as the candidate of the 2nd Respondent at the then coming election. His name and particulars were sent to the 1st Respondent.
However, before the election at which he was to represe…