CaseLaw
Ikenya & Ors Vs. PDP (2012) CLR 3(n) (SC)
Judgement delivered on March 5th 2012
Brief
Facts
This appeal is against the judgment of the Court of Appeal Yola Division delivered on 6th January, 2012 dismissing the Appellants' appeal and affirming the judgment of the trial Election Petition Tribunal. The 1st and 2nd Appellants were respectively the Governorship and Deputy Governorship candidates sponsored by the 3rd Appellant, a political party, as its candidates in the general election held into the office of the Governor of Taraba State on 26th April, 2011. The 2nd and 3rd Respondents on the other hand were the Governorship and Deputy Governorship candidates sponsored by the 1st Respondent, a political party, in the election to the office of the Governor of Taraba State. At the conclusion of the election, the 4th and 5th Respondents who conducted the election, returned the 2nd and 3rd Respondents as winners of the election and duly elected as Governor and Deputy Governor of Taraba State.
Not satisfied with the results of the election, the Appellants then filed their petition at the Governorship Election Petition Tribunal at Jalingo, Taraba State which heard the petition and at the end of the hearing, in its judgment delivered on 10th November, 2011, dismissed the Appellants' petition. Aggrieved with the judgment of the Tribunal, the Appellants then appealed to the Court of Appeal, Yola Division which after hearing the appeal on 5th January, 2012, dismissed the appeal on 6th January, 2012 in its judgment delivered by the Presiding Justice, Hon. Justice Alagoa, JCA and agreed to by the other Justices Yakubu and John Mbaba JJCA as follows -
"By virtue of Section 285(8) of the Constitution of the Federal Republic of Nigeria 1999 as amended, I shall deliver my judgment in this appeal today to save it from lapsing and give my reasons later. The preliminary objections filed by the 1st Respondent on one hand and the 2nd and 3rd Respondents on the other hand lack merit and are hereby dismissed. The main appeal of the Appellants lack merit and is hereby accordingly dismissed and the judgment of the Governorship Election Petition Tribunal Taraba State holden at Jalingo in Petition No. EPT/TR/G/01/2011 delivered on the 10th November, 2011 is hereby affirmed by me."
Not satisfied with this judgment of the court of Appeal, the Appellants are now on a further and final appeal to this court.
Issues
Whether the Court of appeal by a construction of the Provision of Section 285(8)...