(2004) JELR 45058 (CA)    

Court of Appeal  ·  CA/B/174/2003 ·  26 Mar 2004 ·  Nigeria
Other Citations
Agbeotu v. Brisibe (2005) 10 NWLR (Pt.932)1
Agbeotu v. Brisibe (2005) 10 NWLR (Pt. 932) 1
PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
learned counsel
electoral act
4th respondents
2nd respondent
documentary evidence
highest number of lawful votes
provisions of the electoral act
said affidavit
case of the defence
federal house of representatives
record of proceedings
unlawful votes
burutu federal constituency of delta state
member of a judicial panel
national assembly election tribunal
presiding officers
result of the election
above petition
briefs of arguments
chief giwa of counsel
conduct of the electoral officers
considered judgment
disqualification of the 1st respondent
end of the election
evidence of the parties
evidence of the votes cast
facts of the case
following issues
following results
grounds of the petition
highest number of votes
honourable tribunal
independent national electoral commission
justice of this case
leading judgment
officials of the 2nd respondent
peoples democratic party
petition fails
platforms of all nigeria peoples party
record of proceedings shows
respondent tamaratare brisibe
set of votes

AMAIZU, J.C.A. (Delivering the Leading Judgment): The appellant, Hon. Emibra Efiriandi Agbeotu, the 1st respondent Tamaratare Brisibe and other candidates, contested the election into the Federal House of Representatives for Burutu Federal Constituency of Delta State. The election was held on Saturday, 12th April, 2003.

The above two named candidates, contested the election on the platforms of All Nigeria Peoples Party (ANPP) and Peoples Democratic Party (PDP) respectively. At the end of the election, the 2nd respondent, the Independent National Electoral Commission (INEC for short) a statutory body, which is charged with the responsibility of conducting the election, declared the following results:-

A.D. 586

A.N.P.P. 13,556

N.D.P 47

P.D.P. 50,922

U.N.P.P 9

The 1st respondent having been recorded as scoring the highest number of votes was declared as duly elected by the 2nd respondent.

The appellant was dissatisfied with the result of the election. He filed a petition before the Natio…

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