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OMO AGEGE OVIE AUGUSTINE & ANOR
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 2 ORS

(2024) JELR 112183 (SC)

Supreme Court 19 Jan 2024 Nigeria
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- The Appellants, having lost the Delta State governorship election held on 18–19 March 2023 to the 2nd Respondent (PDP candidate), challenged the election before the Governorship Election Petition Tribunal on grounds of (i) non-compliance

Case Details

Suit Number:SC/CV/1203/2023
Judges:JOHN INYANG OKORO JSC UWANI MUSA ABBA AJI JSC MOHAMMED LAWAL GARBA JSC TIJJANI ABUBAKAR JSC EMMANUEL AKOMAYE AGIM JSC
Counsel:Robert Emukpoeruo, SAN with Oluwaseun O. Olusiyi Esq, Ifeoluwa Ojediran, Sonia Ernest-Egbuna and Lucky Ajokperinoyo for the Appellants; Prof. Joseph E. O. Abugu, SAN wit Mbanefo Ikwegbue Esq. Ayi Obaseki Esq., Obiora Enebeli and Idris Akinola Esq. for the 1st Respondent. D. D. Dodo, SAN with Kehinde Ogunwumiju SAN, Samson A. Eisege Esq., Lukman Saadu Esq. and Emmanuel Amah Esq. for the 2nd Respondent. Ekeme Ohwovoriole, SAN with Ayo Asala SAN, O. M. Atoyebi, SAN, O. S. Onoriose Esq. and C. O. Okonkwo Esq. for 3rd Respondent.

JOHN INYANG OKORO, JSC (Delivering the Leading Judgement): This appeal is against the Judgment of the Court of Appeal, sitting at Asaba 1n Appeal No: CA/AS/EP /GOV/DL/43/2023 delivered on 24th November, 2023 which said judgment affirmed the decision of the Governorship Election Petition Tribunal sitting in Asaba, Delta State in petition NO. EPT/DL/GOV/3/2023.

A summary of the facts leading to this appeal, as gleanable from the record of appeal are that following the conduct of Governorship Election for Delta State on the 18th and 19th of March, 2023 the 2nd Respondent who was sponsored for that election by the 3rd Respondent was declared winner and returned elected having scored 360,234 votes being the majority of lawful votes cast to defeat 16 other contestants. The 1st Appellant who was sponsored by the 2nd Appellant came 2nd in the contest with 240, 229 votes. Dissatisfied with the declaration of the 2nd Respondent as the winner of the election, the Appellants filed a petition predi…

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