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ATIKU & ANOR.
V.
INEC & ORS.

(2019) JELR 91596 (SC)

Supreme Court 15 Nov 2019 Nigeria
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- The appeal is against the judgment of the Court of Appeal, which dismissed the petition of the appellants challenging the election of the 2nd respondent as President of Nigeria. - The appellants argued that the 2nd respondent was not duly

Case Details

Suit Number:SC.1211/2019
Judges:IBRAHIM TANKO MUHAMMAD, CJN OLABODE RHODES-VIVOUR, JSC OLUKAYODE ARIWOOLA, JSC JOHN INYANG OKORO, JSC AMIRU SANUSI, JSC EJEMBI EKO, JSC UWANI MUSA ABBA AJI, JSC
Counsel:Dr. Livy Uzoukwu, SAN, Chief Chris Uche, SAN, Pius Akubo, SAN, Adebayo O. Adelodun, SAN and Saka Abimbola Isau, SAN for the Appellants; Yunus Ustaz Usman, SAN, O.A. Omonuwa, SAN, Prof Fabian Ajogwu, SAN, Sam Tomi Ologunorisa, SAN, T.M. Inuwa, SAN for the 1st Respondent; Wole Olanipekun, SAN, Yusuf Ali, SAN, Dr Alex Iziyon, SAN, A.B. Mahmoud, SAN and Prof. Osipitan, SAN for the 2nd Respondent; L.O. Fagabemi, SAN and Akin Olujinmi, SAN (with them, Chief Charles Edosomwan, Esq.; Chief Adeniji Akintola, Esq. and Nicholas Akintade Ladapo, Esq.) for the 3rd Respondent.

I. T. MUHAMMAD, C.J.N. (Delivering the Leading Judgment):On 30th October, 2019, when this appeal was argued, I pronounced judgment the same date after a conference of the Justices to the effect that the appeal lacks merit and was accordingly dismissed. I also informed parties that reasons for dismissing the appeal would be given in due course. The reasons are now ready and I will proceed to state them.

This appeal is against the judgment of the Court of Appeal,sitting as the Presidential Election Petition Court delivered on the 11th September, 2019 in petition No. CA/PEPC/002/2019. In the said judgment, the lower court dismissed the petition of the appellants holding that the petitioners could not prove any of the grounds contained in paragraph 15 of the petition as required by the law. The facts giving birth to this appeal are as summarized hereunder.

On 23rd February, 2019, the 1st respondent herein conducted Election in respect of the office of President of the Federal Republic of Ni…

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