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SYLVA
V.
INEC & ORS

(2015) JELR 40735 (SC)

Supreme Court 6 Mar 2015 Nigeria
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- The appellant, former Governor of Bayelsa State, sought declarations and orders asserting continued candidacy and entitlement to the governorship following the cancellation of the April 2011 election, relying on his January 2011 PDP prima

Case Details

Suit Number:SC.85/2014
Judges:MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria CHIME CENTUS NWEZE Justice of The Supreme Court of Nigeria
Counsel:Chief R. Nobert Clarke, SAN (with him Mrs. Dopkesi and I. B. Muhammed) For Appellant A. Olaleru (with him A. O. Olorinje) - 1st RespondentChief Joe K. Gadzama, SAN (with him S. John bull, S. Brisne, T. Anyankpele and E. Erebi) - 2nd RespondentTayo Oyetibo, SAN (with him Samuel Brisibe and Mofe Tayo-Oyetibo) for 3rd Respondent For Respondent

NWALI SYLVESTER NGWUTA, JCA (Delivering the Leading Judgment): My Lords, the suit from which this appeal emanated is an offshoot of the judgment of this Court delivered on 27th January, 2012 in Marwa v. Nyako (2012) 5 NWLR (Pt. 1296) 199. Here are the relevant facts:

The appellant who was the Governor of Bayelsa State had, by the time the said judgment was delivered on 27/1/2012, overstayed his mandate, the same having expired on 29th May 2011.

The 1st Respondent, the Independent National Electoral Commission, held the view, and rightly so as events turned out, that the four year tenure of the appellant would end on 28th May, 2011 and prepared for the next gubernatorial election. The 2nd Respondent, the Peoples Democratic Party, conducted her primary election in January, 2011 at which the appellant emerged as the candidate of the 2nd Respondent at the then coming election. His name and particulars were sent to the 1st Respondent.

However, before the election at which he was to represe…

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