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DR. IME SAMPSON UMANAH V. OBONG (ARC.) VICTOR ATTAH THE RESIDENT ELECTORAL COMMISSIONER, AKWA IBOM STATE THE RETURNING OFFICER GOVERNORSHIP ELECTION, AKWA IBOM STATE INDEPENDENT NATIONAL ELECTORAL COMMISSION PEOPLES DEMOCRATIC PARTY

(2006) JELR 55472 (SC)

Supreme Court  •  SC.255/2005  •  29 Sep 2006  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC (Presided and Read the Lead Judgment) UMARU ATU KALGO JSC NIKI TOBI JSC ALOMA MARIAM MUKHTAR JSC MAHMUD MOHAMMED JSC WALTER SAMUEL NKANU ONNOGHEN JSC IKECHI FRANCIS OGBUAGU JSC

Judgement

KUTIGI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal holden at Abuja wherein the court affirmed the decision of the trial Federal High Court which held that it had no jurisdiction to entertain the plaintiff’s suit and consequently struck it out.

The relevant facts are that the plaintiff and the 1st defendant A contested the last general election held in April 2003 into the office of Governor of Akwa Ibom State. At the end of the election, the 1st defendant who was sponsored by the 5th defendant was returned by the 4th defendant as the duly elected candidate.

Dissatisfied with the result of the election, the plaintiff filed a petition before the Governorship and Legislative Houses Election Tribunal for Akwa Ibom State. The Tribunal consisted of a Chairman and four members. Whilst the proceedings were still pending before the Tribunal, the plaintiff on 10th July, 2003 , petitioned the Chief Justice of Nigeria who is the chairman of t…

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