This appeal is against the judgment of the Court of Appeal, Abuja Division delivered on 16/11/2019, which affirmed the decision of the trial Governorship Election Petition Tribunal of Niger State, which affirmed the declaration and return of the 1st Respondent as the duly elected Governor of Niger State by the 3rd Respondent. Sequel to the election conducted by the 3rd Respondent on 9/3/2019 for the office of the Governor of Niger State, the 1st Respondent, who won the election was duly declared and returned as the winner of the said election. Dissatisfied, the Appellants petitioned the 1st Respondent on 27/3/2019 challenging his return. The grounds of the petition are: 1. The 1st Respondent was at the time of the Governorship Election of 9th March, 2019 in Niger State, disqualified to contest the said election. 2. The 1st Respondent submitted to the 3rd Respondent an affidavit, FORM CF001, containing false information and forged documents in furtherance of his qualification to contest the Governorship Election of 9th March, 2019. 3. The 1st Respondent was not duly elected by majority of the lawful votes cast at the Governorship Election of 9th March, 2019. 4. The election and return of the 1st Respondent is invalid by reason of corrupt practices. 5. The election and return of the 1st Respondent is invalid by reason of non-compliance with the provisions of the Electoral Act, 2010 (as amended) and Guidelines. After the trial, the Tribunal in its final judgment on 18/9/2019 dismissed the petition, hence the appeal to the Court of Appeal and then to the Supreme Court by the Appellants. The 1st Respondent by an application dated 9/12/2019 and filed on 12/12/2019 objected to the competence of the Appellants' appeal vide a Preliminary Objection.

UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment)

On the whole, the Court found merit in the Respondent's preliminary objection and accordingly upheld same. The Appeal was therefore dismissed.

MOHAMMED NDAYOKO, ESQ ., with him, J. M, KALLAMU, ESQ., J . A. AKUBO, ESQ., M. A. LAPAI, ESQ. and A. I. MUSTAPHA, ESQ For Appellant(s) J. S. OKUTEPA, SAN , with him, OJONIMI, S. APEH, ESQ., JOY E. ADAH, ESQ., HELEN J. APEH, ESQ. and J.A. AKINWUMI ESQ. - for 1st Respondent J.J. USMAN, ESQ ., with him, ISIAKA KADIRI, ESQ., A.O.F. PHILIP, ESQ., SAFIYA ABDULLAH, ESQ. and J.A SAMBO, ESQ. for 2nd Respondent HASSAN EL-YAKUB, ESQ. for 3rd Respondent

PRELIMINARY OBJECTION - Purpose and effect of a preliminary objection; need for Courts to determine same first

PRELIMINARY OBJECTION – Purpose and effect of a preliminary objection; need for Courts to determine same first

PRINCIPLE

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PRELIMINARY OBJECTION – Purpose and effect of a preliminary objection; need for Courts to determine same first

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