(2008) JELR 49471 (CA)    

Court of Appeal  ·  CA/B/EPT/260/2007 ·  21 Feb 2008 ·  Nigeria
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
learned counsel
said election
14th day of april
above election
documentary evidence
ika south constituency
2nd respondent
4th respondent
instant petition
peoples democratic party
suit no. fhc
declaration of results
declaratory reliefs
learned judges of the tribunal
provisions of the electoral act
time of the election
delta state house of assembly
federal high court no.4
purported return of the 1st respondent
said case
democratic party
issue of jurisdiction
learned judges of the governorship
s.141 of the electoral act
component states of the federal republic of nigeria
conclusion of the election
democratic peoples party
election issue
elections form ec 8e
electoral officer
following reliefs
general elections
honourable court lacks jurisdiction
honourable tribunal
judgment of the federal high court
leading judgment
legislative houses elections tribunal
ltd. v. abbey
madukolu v. nkemdilim
prevailing circumstances of this case
reason of the above matters
said constituency
true copy of the said declaration of results
virtue of the provisions of the electoral act

SAKA ADEYEMI IBIYEYE, OFR, J.C.A (Delivered the Leading Judgment): It is now common knowledge that general elections were held into several elective offices throughout the thirty-six component States of the Federal Republic of Nigeria on the 14th day of April, 2007. One of the elective offices into which the election took place was the Ika South Constituency in the Delta State House of Assembly in Asaba. At the election into the said constituency, three candidates who were Kainji Aluge-Obia,. Ikpade Oyibo Jacob and Martin Okonta contested and were respectively sponsored by the Action Congress (AC), Democratic Peoples Party and Peoples Democratic Party.

At the conclusion of the election on the 14th day of April, 2007 the Electoral Officer for the Ika South Local Government Area (the 4th respondent) declared Martin Okonta (the 1st respondent) the winner having scored 59,477 votes followed by Ikpade Oyibo Jacob who scored 634 votes to be in the second position while Kainji Aluge-Obia (th…

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