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EDEOGA CHIJIOIKE JONATHAN & ANOR
V.
MBAH PETER NDUBUISI & 2 ORS

(2023) JELR 112551 (SC)

Supreme Court 22 Dec 2023 Nigeria
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- Appellants challenged the decision affirming the election of the 1st Respondent, alleging he was not duly elected by the majority of lawful votes, and contested the lower court’s evaluation of evidence and decision on the tribunal’s re-co

Case Details

Suit Number:SC/CV/1131/2023
Judges:JOHN INYANG OKORO, JSC MOHAMMED LAWAL GARBA, JSC HELEN MORONKEJI OGUNWUMIJU, JSC TIJJANI ABUBAKAR, JSC EMMANUEL AKOMAYE AGIM, JSC
Counsel:S.T. Hon. SAN, with Dr. V.J.O Azinge SAN, Chief A.C. Ejeseime SAN, E. Fatogun, SAN and Mrs. R. Chris Garuba Esq for the Appellants. Chief W. Olanipekun, SAN with D.D. Dodo SAN, I.A.J. 0ffiah SAN, B. Olanipekun, SAN, and B. Nwosu Esq for the 1st Respondent. Abdul Mohammed SAN, with Salisu Musa, SAN, R. Idris, Esq, O.F. Amedu Esq and P.O Aniukwu, Esq for the 2nd Respondent. Dr. O. Ikpeazu, SAN, with A. Ali SAN, T. Maduka SAN, Dr. O. Onyia, Esq and J. Mba Esq for the 3rd Respondent.

MOHAMMED LAWAL GARBA, JSC (Delivering the Leading Judgment): This appeal was brought by the Appellants who are the Appellants in the sister Appeal SC/CV/1130/2023 judgment in respect of which has just been delivered, on five (5) grounds contained on the Notice of Appeal filed on the 22nd November, 2023 at the Lagos Division of the Court of Appeal (court below) against the judgment delivered on the 10th November, 2023 in the 1st Respondent's Cross Appeal in the sister Appeal aforenamed. At the hearing, the Notice of Appeal filed on the same date of 22nd November, 2023, on the same grounds, filed at the Enugu Division of the court below, was withdrawn at the hearing on the 18th December, 2023 and it was struck out.

Similarly, the Preliminary Objection filed on behalf of the 2nd Respondent against the appeal was also withdrawn and struck out accordingly.

In the Appellants' brief filed on the 4th December, 2023, bearing the names of the Respondents as arranged in the sister appeal SC/CV/113…

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