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SYLVA TIMIPRE MARLIN & ANOR
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION & 3 ORS

(2024) JELR 112732 (CA)

Court of Appeal 18 Jul 2024 Nigeria
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- The appeal arose from the Bayelsa State Governorship Election Petition Tribunal’s judgment of 27 May 2024, which dismissed the appellants’ challenge to the election and return of the 2nd and 3rd Respondents as Governor and Deputy Governor

Case Details

Suit Number:CA/ABJ/EP/BY/GOV/15/2024
Judges:JAMES GAMBO ABUNDAGA, JCA ABBA BELLO MOHAMMED, JCA PAUL AHMED BASSI, JCA
Counsel:Dr. Onyechi Ikpeazu SAN and Ahmed Raji, SAN with A.T. Kehinde, Sylvester Elema, A.B. SuluGambari, Chief Tunde Falola, M.A. Abubakar, Esele Okosun and T.C Edwards for the Appellants. Charles U-Udosomwan, SAN with Chris Onwogbonu, Lugard Tare-Otu, Andrew Ijeri, Ifeanyi Obeagolu, Abigail Awoyesuku for the 1st Respondent. Chief Chris Uche, SAN and Gordy Uche, SAN, Sammuel Atung, SAN with Preye Agedah, Peter D. Kefas, Samuel Brisibe, Soala Jumbo and Olakunle Lawal for the 2nd Respondent. Chukwuma-Machkwu Umeh, SAN, Kemasuode Wodu, SAN with John Okorioko, C.B. Kekemeke, Okey O. Jombo, Jerome T. Mukang and Maureen C. Agbodike for the 3rd Respondent. Tayo Oyetibo, SAN and A.K. Ajibade; SAN, O.M. Atoyebi, SAN with Wilson Ajuwa, B.F. Folorunsho, Falilat Olajumoke Olawoyin and Victor O. Atang for the 4th Respondent.
Location:Abuja

JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of the Bayelsa State Governorship Election Petition Tribunal, holden at Abuja, Coram: Hon. Justice A.A. Adeleye, (Chairman) Hon. Justice Ibrahim Galadima (member 1) Hon. Justice Abdu Maiwada Abubakar (member ii), delivered on 27/5/2024 (see pages 9487-9664, vol. 12 of the record of appeal). Not satisfied with the judgment, the Appellants who were petitioners at the tribunal filed a notice of appeal to this court (see Pp. 9665-9710 vol. 12 of the record of appeal). The record of appeal was transmitted on 15/6/2024. The notice of appeal contains 25 grounds of appeal.

The appellants sought the following reliefs:

i. To allow the Appeal;

ii. Set aside the decision of the Tribunal;

iii. Effect a computation of the results which were excluded in Ogbia Local Government Area, Southern Ijaw Local Government and Nembe Local Government Area with the effect that the scores of the 1st Appellant and the …

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