(2003) JELR 44951 (CA)    

Court of Appeal  ·  CA/PH/EPT/199/2003 ·  17 Oct 2003 ·  Nigeria
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADELEKE Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
notice of preliminary objection
brother oduyemi
date of the declaration of the result
grounds of appeal
learned tribunal
notice of appeal
senior counsel
additional evidence
close look
election petition
evidence of the declaration of the result
form ec8e
leading judgment
office of governor of imo state
political party
purported election of the 1st respondent
3rd respondent
albert gbadebo oduyemi
basis of the above mentioned acts of the respondents
complete agreement
date of the declaration of its result
detriment of the petitioner
electoral law
electoral malpractice
following grounds
governorship elections
grounds of objection
issue of the alleged defects
leave ex-debito justitiae
legislative house tribunal
notice of cross-appeal
order of court
order of the court
peoples democratic party
provisions of the electoral act
reason of substantial non-compliance
relevant portions of the ruling of the learned tribunal
respondent file
returning officer
such special procedure
support of the grounds of the petition
support of the notice of preliminary objection counsel
transition committee chairman of isu l.g.a.

ALBERT GBADEBO ODUYEMI, J.C.A. (Delivering the Leading Judgment): The appellant was one of ten contestants for the office of Governor of Imo State of Nigeria at the Presidential and Governorship Elections held or 19th April 2003 Appellant was sponsored for the election as a candidate by the All Nigeria Peoples part - a registered political Party.

The 1st Respondent also contested the election for the same office. The 1st Respondent contested as a candidate sponsored by the Peoples Democratic Party - also a registered political Party.

The 3rd Respondent as Returning Officer in respect of the Office of Governor of Imo State returned the 1st Respondent as winner of the election.

The Appellant felt dissatisfied by the return and on 20th May 2003 filed before the National Assembly, Governorship and Legislative House Tribunal set up for Imo State an election petition upon the following grounds:

(a) The Election was invalid by reason of substantial non-compliance with the Provisions of the E…

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