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OGBOLOSINGHA & ANOR
V.
BAYELSA STATE INDEPENDENT ELECTORAL COMMISSION & ORS

(2015) JELR 40755 (SC)

Supreme Court 20 Feb 2015 Nigeria
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- The appeal is against the judgment of the Court of Appeal, Port Harcourt Division in Appeal No. CA/PH/304/2011 delivered on the 15th day of March, 2013. - The claimants filed suit No. YHC/149/2010 seeking to assert their alleged respectiv

Case Details

Suit Number:SC.165/2013
Judges:JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLABODE RHODES VIVOUR Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUMAI BAYANG AKAA'HS Justice of The Supreme Court of Nigeria
Counsel:Samuel Brisibe for the Appellants and 1st and 2nd cross respondents appearing with Tare Anyankpele, Ebiboye Erebi; For Appellant Preye Agedah for the 1st respondents and for the 3rd cross respondent, appearing with Emmanuel Yin Faowei and I.M. Max-Alagoa (Miss).Festus Keyamo, Esq., appearing for 2nd, 3rd, 7th, 8th and 9th respondents in the main appeal and for the cross appellant appearing with Benedicta, Obanye (Miss), John Aineter Esq., Festus Ukpe Esq., S. John Bull for the 4th respondent in the main appeal and also for the 4th cross respondent in the cross appeal;Chief F.F. Egele appearing with Chief F.N. Igodo, F.T. Okorotie, E.O. Ameh appearing for 5th respondent in the original appeal also for 5th cross respondent in the cross appeal;F. Zimighan for the 6th respondent in the main appeal also the 6th cross respondent in the cross appeal, M.A. Atta for the 10th respondent in main appeal and for 7th cross respondent in the cross appeal appearing with J.W. Nimfas;Mr. D.W. Wuku for the 11th respondent in the main appeal and for 8th cross respondent in the cross appeal appearing with Abili J. Abili, Benneth Wuku and Rachael Spiff (Mrs.);T.O.P. Afage for the 12th respondents and 12th cross respondents in the cross appeal. For Respondent

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The appeal is against the judgment of the Court of Appeal, Port Harcourt Division in Appeal No. CA/PH/304/2011 delivered on the 15th day of March, 2013.

Briefly, the statement of relevant facts in this appeal are that the 2nd, 3rd and 7th - 9th respondents as claimants filed suit No. YHC/149/2010 by way of originating summons in the Bayelsa State High Court by which they, inter alia sought to assert their alleged respective rights to be nominated as candidates of the People's Democratic Party in their respective Local Government Areas in Bayelsa State for the Local Government Council Chairmanship Elections then scheduled for 3rd April, 2010.

Defendants at the trial court raised a preliminary objection which was heard and determined along with the originating summons on the merit. The trial court struck out the suit for lack of jurisdiction. Dissatisfied with the ruling of the trial court, the 7th, 8th and 9th respondents h…

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