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OKEREKE
V.
YAR'ADUA & ORS.

(2007) JELR 48334 (CA)

Court of Appeal 20 Aug 2007 Nigeria
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Case Details

Suit Number:CA/A/EP/4/2007
Judges:JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria UWANI M. ABBA AJI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria
Counsel:Chief Tagbo Ike For Appellant Chief Wole Olanipeku, SAN, (with him,Mallam Yusuf Ali, SAN; D. D. Dodo, SAN; Alh. Kabiru T. Turaki, SAN; Prof. Fidelis Oditah, SAN; Moh'd Bello Adore, SAN; K. K. Eleja, Esq.; M. I. Hanafi, Esq.; A. M. Kayode, Esq.; S. A. Oke, Esq.; Maureen Onyuke [Ms]; A. A. Malik, Esq.; M. T. Adekilekun,Esq.; Alex Akoja, Esq.; M. Okpara, Esq.; U. Gabriel, Esq.;D. Adeyemi, Esq.; E. Amedu, Esq.;Omoruan, Esq.; M. Abdurrahman [Mrs]; Paulyn Abhulimen [Mrs] and Festus Jumbo, Esq.) for the 1st and 2nd RespondentsKanu Agabi, SAN (with him, O. Osaze Uzzi, Esq.; Wole Adebayo, Esq.; Peter Ofikwu, Esq.; Biodun Aikin Aina, Esq.; I.C. Acholonu [Miss] Lami Jibrin [Miss] and Irene Imade Ideva)- for the 3rd - 35th Respondents For Respondent
Other Citations:Okereke v. Yar adua & Ors. (2008) 6 NWLR (Pt. 1082)37, (2008) 6 NWLR (Pt. 1082) 37

ABBA AJI, J.C.A. (Delivering the Lead Ruling): The petitioner/applicant was a candidate sponsored by the African Liberation Party (A.L.P.) a registered political party at the election into the office of President of Federal Republic of Nigeria held on the 21st April, 2007, wherein the 1st and 2nd respondents were returned elected as the President and Vice President of the Federal Republic of Nigeria respectively.

Dissatisfied with the conduct of the election and the return of the 1st and 2nd respondents as the President and Vice President respectively, the petitioner/applicant petitioned this court vide a petition dated and filed on the 21st day of May, 2007, challenging the conduct of the election and the return of the 1st and 2nd respondents upon the following three (3) grounds as contained in paragraph 4 of the petition. The grounds as stated are:

(i) That the 1st and 2nd respondents were at the time of the said election not qualified to contest the election into the offices of th…

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