(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)
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
election petition
1st respondent
lower tribunal
first schedule of the electoral act
winner of the election
electoral body
mandatory provisions of paragraph
2nd respondent
form ec8a
14th day of april
fresh election
independent national electoral commission
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…

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