ARDO
V.
INEC & 5 ORS

(2017) JELR 38228 (SC)

Supreme Court 10 Mar 2017 Nigeria
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- The appellant, a registered voter and politician in Adamawa State, challenged the legality of INEC conducting the 2015 governorship election before the expiration of Governor Bala Ngilari's tenure, contending that the correct expiration d

Case Details

Suit Number:SC.153/2016
Judges:MARY UKAEGO PETER-ODILI, JSC CLARA BATA OGUNBIYI, JSC CHIMA CENTUS NWEZE, JSC AMINA ADAMU AUGIE, JSC SIDI DAUDA BAGE, JSC
Counsel:A. Amuda-Kannike (SAN) with him, A. O. Yusuf, Esq. For Appellant T. M. Inuwa, Esq. with him, R. A. Ugbane (Mrs), R. Aminu (Mrs), A. N. Makwe (Mrs), M. Ibrahim (Mrs) and C. C. Nnamah (Miss) for the 1st Respondent.Yemi Pitan, Esq. with him, Samuel Shagba, Esq.for the 2nd Respondent.Kenneth Ahia, Esq. with him, Luther K. Onyenkpa, Esq.for the 3rd Respondent. Dr. Soni Ajala, Esq. with him, Constance O. Afekhai (Miss) andNadia Oka (Mrs) for the 4th Respondent.J. J. Usman, Esq. with him, M. K. Bielonwu, Esq. andC. C. Ifemenam, Esq. for the 5th Respondent.Chief Chris Uche (SAN) with him,James Odiba, Esq., Emmanuel Okorie, Esq., Chukwudi Maduka, Esq., Oluwatoyin Runsewe (Mrs), Emeka Jessica (Miss), Angela I. Uche (Miss), James Ebbi, Esq., Chijindu Okwuhie (Miss) and Crystal Enujuba (Miss) for the 6th Respondent. For Respondent
Other Citations:(2017) 13 NWLR (Pt. 1583) 450

AMINA ADAMU AUGIE, JSC (Delivering the Leading Judgment): This Appeal relates to the gubernatorial election conducted by the 1st Respondent [INEC] in Adamawa State on 28/2/2015. The Appellant, as an indigene of Adamawa State and a Politician, who registered to vote and be voted for in the State, instituted an action by way of Originating Summons at the Federal High Court, Abuja [trial Court], wherein he submitted the following question for determination-

Whether having regards to Subsections 178(2) and 180(2) (sic) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 1st Respondent i.e., [INEC] can Legally conduct Governorship election in Adamawa State on Saturday,28 February 2015?

He also sought the following reliefs against the thirteen Defendants -

1. A DECLARATION that having regard to Subsection 178(2) and 180(2) of the Constitution (as amended) the tenure of office of Barrister Bala James Ngilari who took Oath of Allegiance and Oath of Office, as Deputy Go…

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