(2008) JELR 45829 (CA)    

Court of Appeal  ·  CA/J/EP/SN/107/2008 ·  16 Jun 2008 ·  Nigeria
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria UZO NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria
Core Terms Beta
electoral act
2nd respondents
ogbebor v. danjuma
grounds of appeal
learned counsel
1st appellant
1st respondent
action congress
benue north west senatorial district
case of ogbebor v. danjuma
election tribunal
federal high court rules
judgment of the tribunal
legislative houses election tribunal
national assembly
provisions of section
tribunal of jurisdiction
1st petitioner
1st schedule
anor v. hon. augustine adikpe
cardinal principles of interpretation of a statute
conclusion of the election
court practice amendment directions
court practice directions
election of the 1st appellant
evidence act
independent national electoral commission
infringement of the appellants
inherent jurisdiction of the court
leading judgment
learned justices
light of the above authorities
oaths act
obi v. inec
part of the decision of the lower tribunal
peoples democratic party
petition no. be
practice directions
refusal of the tribunal
sets of appellants
supreme court decisions
totality of the case
unreported case of action congress
uzo ndukwe-anyanwu
various political parties

UZO NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): Elections into the Senate were held nationwide on the 21st April, 2007. Seven (7) candidates sponsored by various Political Parties contested the election into the Benue North West Senatorial District. At the conclusion of the election, George Akume who was sponsored by Peoples Democratic Party (PDP) herein after referred to as the 1st Appellant was declared winner on 22nd April, 2007 having scored a total of 532,671 votes and was returned.

Being dissatisfied Chief Dr. Simon Azeghedse Lim sponsored by Action Congress (AC) hereinafter referred to as 1st Respondent filed a petition before the National Assembly/Governorship and Legislative Houses Election Tribunal holden at Makurdi Benue State on 22nd May, 2007.


Whether the refusal of the Tribunal to dismiss the petition is valid in law when the Petitioners failed to comply with paragraphs 3, 6(2) and (4) of the Election Tribunal and Practice Directions, 2007. (…

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