ABARAONYE
V.
EMEANA & ORS.

(2008) JELR 49475 (CA)

Court of Appeal · CA/PH/EPT/357/2007 · 11 Feb 2008 · Nigeria
·

Other Citations

Abaraonye v. Emeana [2008] 10 NWLR (Pt.1096)

CORAM

SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

petition

petitioner

election petition

1st respondent

lower tribunal

first schedule of the electoral act

winner of the election

electoral body

paragraphs

mandatory provisions of paragraph

results

2nd respondent

form ec8a

14th day of april

fresh election

independent national electoral commission

j.c.a

owerri north constituency

staff of the 2nd respondent

wards of the constituency

23rd day of august

3rd respondent

above results

case of the petitioner

competence of the petition

decision of the governorship

determination of the appeal

draft of the lead judgment

face of the clear circumstances of the petition

fatal consequences

first ground of objection

following provisions

imo state house of assembly

imo state of nigeria

leading judgment

learned trial tribunal

legislative houses elections tribunal

mandatory requirement

owerri north state constituency

relevant averments of the appellant

requirements of paragraph

return of the 1st respondent

said objection

scores of other candidates

scores of the election

such non-compliance

GALADIMA, J.C.A, (Delivering the Leading Judgment): This is an appeal against the decision of the Governorship and Legislative Houses Elections Tribunal sitting in Imo State of Nigeria striking out the appellant's petition on the 23rd day of August, 2007 on the ground that the petitioner failed to state the scores of the election.

The case of the petitioner hereinafter referred to as the "appellant" is that on the 14th day of April, 2007 election was held to determine the member representing Owerri North Constituency in the Imo State House of Assembly.

The appellant was one of the 5 candidates who contested the election and he did so on the platform of the All Progressive Grand Alliance (APGA) while the 1st respondent contested the election on the platform of the Peoples Democratic Party (PDP). The appellant's case is that at the close of the polls on the said 14th day of April, 2007 no person was returned as elected because even though the election was duly held in 8 out of the 12 w…

ABARAONYE V. EMEANA & ORS.

ABARAONYE
V.
EMEANA & ORS.