OWELLI ROCHAS ANAYO OKOROCHA v. CHIEF IKEDI GODSON OHAKIM & ORS
In The Supreme Court of Nigeria
On Friday, the 24th day of January, 2014
SC.446/2012
JUSTICES
JOHN AFOLABI FABIYI 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
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
MUSA DATIJJO MUHAMMAD Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
Between
OWELLI ROCHAS ANAYO OKOROCHA Appellant(s)
AND
- CHIEF IKEDI GODSON OHAKIM
2. ACTION CONGRESS OF NIGERIA
3. SENATOR IFEANYI ARARUME
4. INDEPENDENT NATIONAL ELECTORAL COMMISSION
5. ALL PROGRESSIVE GRAND ALLIANCE Respondent(s)
CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The Appeal No. SC.445/2012 and SC.446/2012 are identical and on all fours one with the other. On the consensus of all counsel representing the parties, the two appeals were taken together and it was further agreed that the outcome and the decision of the former should bind the latter. Hence, and in the result therefore, with the merit of the appeal in SC.445/2012, I also make an order that appeal No.SC.446/2012 has merit and is allowed in the same terms as appeal No.SC.445/2012.
On the issue of costs, I further make an order of the sum of N100,000.00k in favour of the appellant against each of the 1st, 3rd and 4th respondents.
JOHN AFOLABI FABIYI, J.S.C.: This appeal was heard along with Appeal No.SC.445/2012. In substance, the same points of law have been canvassed in both appeals. The decision in SC.445/2012 binds this appeal.
This appeal is also allowed. The decision of the Court of Appeal is set aside. I endorse all other consequential orders contained in the lead judgment of my learned brother – Ogunbiyi, JSC.
Appearances
Chief Adeniyi Akintola, SAN, appearing with Chief A. J. Owonikoko, SAN, Folasade Aofolaju Esq., Yemi George Ojo, Esq, Oladele Oyelami, Esq, C. O. C. Emeka-lzima, Esq, J. O. Aigbokhaevbolo (Miss), Eniye Edonwonyi (Miss), F. U. Adejoh, Esq., Teddy O. Akwari, Amagwula Obinna, Chief Nelson Ezeriola, E. I. Nnoaham, Jude C. Okafor, Mbachu H. I., Uche Konkwo, Obinna Etukemka, Alaeto Maxwell (KSM), Nwosu Nnaemeka O., Nnabugwu Oluchukwu G. I., Ikeme Ify (Miss), Uba Chinwa (Miss), Ejiogu Ify (Miss), Ugochi Igboananwa (Miss), Obiohu Paschal, Maureen Onyiuke Ms, Patience N. Ume (Mrs), Igiriogu Francis, Stephen C. Nzenwa, M. A. Dunion, and Adam Ogechi Linda (Miss) For Appellant
AND
Chief Wole Olanipekun, SAN appearing with Joe Agi, SAN, K. C. Njemanze, SAN, Chief Jerry Egemba, Chief C. O. C. Akaolisa, Sylvester Eigbedion, Olugbenga Adeyemi, Adedayo Adesina, Aisha Ali (Miss), Venessa Onyemawa (Miss) and P. C. Ezegamba for the 1st Respondent.
Chief U. M. Udechukwu, SAN with Anita Otubu Esq for the 2nd respondent.
Mr. Awa Kalu, SAN for the 3rd respondent with D. O. Madu, Esq, E. S. Osige, E. C. Ani, Esq and l. Graham-Douglas.
Chief A. S. Awomolo, SAN for the 4th respondent appearing with K. Bawa, Esq, Dr. Abdul Muyassir Ladan Esq, Ebuka Nwaeze, Esq. and O. Olaleye Kumuyi Esq.
Ahmed Raji, SAN, for the 5th respondent appearing with Adeola Adedipe, A. A. Usman and Chief Oba Maduabuchi Esq. For Respondent
