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OGBORU
V.
IBORI

(2003) JELR 58160 (CA)

Court of Appeal 30 Sep 2003 Nigeria
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- The appellant filed a petition against the respondents on grounds of disqualification and irregularities in the governorship election in Delta State. - The respondents filed replies to the petition and also filed motions challenging the c

Case Details

Suit Number:CA/B/GET/DT/121/2003
Judges:JAMES OGENYI OGEBE, JCA DALHATU ADAMU, JCA SAKA ADEYEMI, IBIYEYE, JCA CHRISTOPHER M. CHUKWUMA-ENEH, JCA IFEYINWA CECILIA NZEAKO, JCA
Counsel:Mr. A. Akintola (SAN), (with him, J. O. Agbamu and B Amole) for the Appellant. Chief E. L. Akpofure (SAN), (with him, Ken Mozia, Dafe Akpedeye, O. Pedro) - for the 1st Respondent. Mr. N. P. Osifo, [with him, P. A. Adeyemi, O. O. Onobun and N. Mandeun (Ms) I. O. Aaigbojie (Miss) and Q. O. Oviasogie (Mrs.)] for the 2nd - 28th Respondents
Location:Benin

OGEBE, JCA (Delivering the Leading Judgment): Before the Governorship Election Tribunal sitting in Asaba, the appellant filed a petition against the respondents on two grounds:

1. Disqualification

The 1st respondent was at the time of the election not qualified for election to the office of the Governor.

2. Irregularities

There were serious and widespread irregularities in the conduct of the April 19, 2003 Governorship election in Delta State and the irregularities were highly pronounced throughout the twenty-four (24) local government areas of the state.

The petition went on to give copious particulars. The appellant then sought the following reliefs from the Tribunal at page 20 of record of appeal:

“(a) it be determined that the 1st respondent was unqualified to contest the 19th April, 2003 Governorship Election in Delta State for reason of his being an ex-convict and so was not duly elected or returned as the Governor of Delta State and that the petitioner was duly elected and ought to …

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