OKEREKE V. YAR'ADUA & ORS

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This case involves an appeal against the ruling of the Court of Appeal in Nigeria, which dismissed a petition challenging the election of the President and Vice President of the Federal Republic of Nigeria. The appellant filed the petition

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Suit Number:SC.246/2007

Judges:ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU-ONNOGHEN Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria

Counsel:Orji Nwafor - Orizu; (with him Chief Tagbo Ike, C. L. Okaforagu, Esq.) For Appellant Dr. Alex Iziyon, SAN; (with him; D. D. Dodo, SAN; Chinedu Umeh, Esq.; Audu Hannatu Abdulrahim (Mrs.); Festus Jumbo and Bello Abu)-for the 1st and 2ndRespondents Kanu Agabi, SAN; (with him, Amaechi Nwaiwu, SAN; C.U. Ekornaru Esq, Okon N. Efut Esq., I. C. Acholonu, (Miss.) Esq.; Darracott Osawe, Esq., Adam Abdullahi, Esq., Egang Agabi, Esq., Patience Osagede , Esq., John Ochogwu, Esq., O. M. Enebeli Esq., Dyagas Ezekiel-for the 3rd - 35th Respondents For Respondent

Other Citations:(2008) 12 NWLR (Pt. 1100) 95, Okereke v Yar Adua (2008) 12 NWLR (Pt.1100) 95 (2008) 34 NSCQR Pt II 1369 (2008) 34 NSCQR Pt II 1369

I.T. MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The relevant facts in this appeal are that the appellant as petitioner at the lower court, filed his election petition containing four grounds challenging that the 1st and 2nd respondents were not qualified to contest election into the offices of the President and Vice President of the Federal Republic of Nigeria in that both were at the time of the election disqualified by their respective indictments by an Administrative Panel of Inquiry set-up by Abia State Government.

He prayed for an order canceling or nullifying the return or election of the 1st and 2nd respondents as aforesaid and prayed further, that the 35th respondent, (INEC) be ordered to conduct fresh and/or bye election into the two highest offices of the land.

The 1st and 2nd respondents filed a memorandum of conditional appearance, a notice of preliminary objection, etc, on 23/7/07. The 3rd - 35th respondents filed a notice of preliminary objection on 2/8/07. On 8…

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OKEREKE
V.
YAR'ADUA & ORS