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JAMES
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION

(2015) JELR 57153 (SC)

Supreme Court 13 Mar 2015 Nigeria
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Case Details

Suit Number:SC. 478/2013
Judges:JOHN AFOLABI FABIYI JSC MUSA DATTIJO MUHAMMAD JSC CLARA BATA OGUNBIYI JSC JOHN INYANG OKORO JSC CENTUS CHIMA NWEZE JSC
Counsel:J. S. Okutepa, SAN (with him, Olumuyiwa Akinboro, Enobong Etteh Esq., A.A. Malik Esq., George Ibrahim Esq., Mrs. Oludolapo -*- O. Ufaruna, Ocholi O. Okutepa Esq., Ifeanyi O. Odom Esq., Mrs. Hope H. Bassey, A. Ikhuoria, Esq., A. Eche Esq., Ojonimi Apeh Esq., Miss Rabi O. Adamu, Enoch U. Ibeh, O. I. Oladunmoye D Esq., M. O. Akinsanya Esq. and Miss C. Onumonu) - for the Appellant. -*- Wilcox Abereton, Esq. (with him, Marcus Abu Esq., Ayotunde Ogunleye, Esq., Akinyosoye Arosanyin, Esq., Jude Daniel Odi, Esq., -*- N. I. Harrison, Esq.) - for the 1st Respondent. E -*- Chief A. O. Ajana (with him, Oluwaseyi Bamigboye, Esq., S. G. -*- Ikuesan, Esq.) - for the 2nd Respondent. -*- Chief Chris Uche, SAN [with him, Pius Akubo, SAN, Wilfred Eneye, Esq., Kanayo Okafor, Esq., Emmanuel Okorie, Esq., Maduka Chukwudi, Esq., Frank Molokwu, Esq., Chinelo Okafor (Mrs), -*- Oluwatoyin Runsewe (Mrs), Doris Eziokwu (Mrs)] - for the 3rd F -*- Respondent. -*- Isaac E. Ekpa, Esq. - for the 4th Respondent. -*- P. D. Abalaka Esq. (with him, Joe Abah, Esq., Aduojo Abah, Esq., Fidefa Osuman (Mrs), Caroline Abah (Mrs), Realwan Okpanachi, Esq.) - for the 5th Respondent. G

KEKERE-EKUN JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court ofAppeal, Abuja Division delivered on 10 July 2013 dismissing the appellant’s appeal and affirmingthe decision of the Federal High Court, Lokoja Division delivered on 24 September 2012.

The facts that gave rise to this appeal are as follows: in pursuit of its powers under the Electoral Act, the 1st respondent fixed 26 April 2011 for governorship elections to take place in most States of the Federation. It fixed 28 February 2011 as the last date for the submission of nomination forms by candidates. The former Governor of Kogi State, Ibrahim Idris instituted an action before the Federal High Court against the 1st respondent claiming that gubernatorial election could not hold in Kogi State in April 2011, as his tenure would subsist until April 2012. The Governors of Adamawa, Bayelsa, Cross River and Sokoto States also instituted actions on similar grounds. The suits were consolidated.

In i…

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