(2005) JELR 44774 (CA)    

Court of Appeal  ·  CA/PH/EPT/265/2004 ·  7 Jul 2005 ·  Nigeria
Other Citations
(2006) 8 NWLR (Pt. 981)
Anozie v. Obichere (2006) 8 NWLR (Pt. 981) 140
VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
senior counsel
exhibit p8
learned counsel
form ec8c
reasonable doubt
corrupt practices
majority of lawful votes
lead judgment
obibiezena ward
alleged admission
learned silk
particulars of the inflated figures
records of appeal
sets of respondents
submission of the learned counsel
adduction of evidence
allegations of corrupt practices
arguments of the learned counsel
clear admission of the 1st respondent
conclusion of the election process
consequential order
contention of the learned counsel
correct position of the law
counsel urges
detailed dissection of the witnesses of the appellant
direct opponent of the appellant
evidence of inflation
evidence of rw1 of the anpp
exhibits p6-p6a
exhibits p9
exhibits r1-12
grounds of appeal
instances of the 1st respondent
intimidation of the appellant
leading judgment
legislative houses election tribunal
malpractices of inflation of votes
nature of the complaints of the appellant
proper computation of the result of the election
reversal of the decision of the tribunal
said election
senior counsel finds
total score
undisputed booth results

DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): The appellant had contested the 2003 election for the seat of a member of the Imo State House of Assembly representing Owerri North Constituency. He was fielded in under the platform of the All Nigerian People's Party. The 1st respondent was the direct opponent of the appellant in the said election. The 1st respondent was sponsored by the Peoples Democratic Party.

At the conclusion of the election process, the 1st respondent was returned elected. The appellant felt aggrieved and filed a petition before the Governorship and Legislative Houses Election Tribunal holden at Owerri, Imo State.

In a judgment pronounced on the 12th day of July, 2004, the tribunal dismissed the petition.

The appellant seeks a reversal of the decision of the tribunal and urges this court to either:

"(a) Direct that a fresh election be held in this constituency because the entire process was tainted with malpractices of inflation of votes, disruption of t…

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