KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division delivered on 10th July 2013 dismissing the appellant's appeal and affirming the decision of the Federal High Court, Lokoja Division delivered on 24th 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 April 26th 2011 for Governorship elections to take place in most states of the Federation. It fixed 28th 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 simi…