(2011) JELR 49266 (SC)    

Supreme Court  ·  SC.176/2010 (CONSOLIDATED) ·  15 Apr 2011 ·  Nigeria
Other Citations
Emordi v. Igbeke (2011) 9 NWLR 41
Emordi v. Igbeke (2011) 9 NWLR (Pt. 1251) 24
ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
Core Terms Beta
constitution of the federal republic of nigeria
decision of the court of appeal
provision of section
6th respondent
12th may
1st respondent
2nd respondents
judgments of the court
legislative houses election tribunals
notice of preliminary objection
abuse of the process of this honourable court
appeal no. ca
behalf of the 6th respondent
leading judgment
return of the appellant
said election
supreme court
use of the word
above scenario
anambra state north senatorial district
brother fabiyi jsc
case of bamaiyi v
clear terms
considered view
constitutional powers
c.s.c plateau state
division of the court
election petition tribunal
final court
final jurisdiction
independent national electoral commission
john afolabi fabiyi
lack of jurisdiction
later judgment of the court
lead ruling
mandatory realm
national assembly election
offices of messrs. azinge
respect of the preliminary objection
ruling of the court of appeal
second application
senatorial election matters
separate appeals
vide petitions
walter samuel nkanu onnoghen

JOHN AFOLABI FABIYI (Delivering the Leading Judgment): The appeal in SC.176/2010 is against the decision of the Court of Appeal, Enugu Division ('the court below' for short) handed out on 12th May, 2010. Therein, two applications filed by the appellant were dismissed

It is apt to state briefly the relevant facts leading to this appeal. The appellant, the 1st and 2nd respondents were among the candidates who contested the National Assembly Election for Anambra State North Senatorial District which was conducted on 28th April, 2007. The 6th respondent returned the appellant as the elected candidate at the election. The return of the appellant was challenged vide petitions filed at the Election Petition Tribunal, Awka by the 1st and 2nd respondents, respectively. The Tribunal dismissed both petitions. This prompted the 1st and 2nd respondents to initiate separate appeals at the court below.

Appeal No. CA/E/EPT/78/2008 by the 2nd respondent was heard first by the court below. On 10th Febr…

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