Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



APGA
V.
OHAKIM & ORS.

(2008) JELR 49470 (CA)    

Court of Appeal  ·  CA/PH/EPT/489/07 ·  15 Apr 2008 ·  Nigeria
 · 
Other Citations
A.P.G.A. v. Ohakim (2009) 4 NWLR (Pt. 1130) 116
CORAM
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria CLARA BABA OGUNBIYI Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
3rd respondents
issues
imo state
senior counsel
1st respondent
lower tribunal
28th april
2nd respondent
governorship election
provisions of section
grounds of appeal
notice of appeal
3rd october
order of the tribunal
respondents
brief of arguments
provisions of the electoral act
statutory powers
trite law
3rd respondent ought
3rd respondents of the result of the governorship election
abuse of the process of the court
certificate of return
dated 2nd
election of the 14th april
facts of this case
following grounds
formulation of issues states
further adoption
jurisdiction of the honourable tribunal
legislative houses election petition tribunal
matter of cancellation of a schedule election
opening paragraph
petitioners candidate martin agbaso
petition no.ept
purported return of the 1st respondent
result of the governorship election
result of the gubernatorial election
said decision
scores of the election
senior counsel dr. onyechi ikpeazu
senior counsel mr. bon nwakanma
support of the relief
winner of the governorship election

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Governorship and Legislative Houses Election Petition Tribunal sitting at Imo State in Petition No.EPT/G/IM/94/2007 -ALL PROGRESSIVE GRAND ALLIANCE (APGA) v. CHIEF IKEDI G. OHAKIM and ORS. and judgment delivered on 13th September, 2007 wherein the lower Tribunal declared and rendered the petition against the election of the 14th April, 2007 incompetent.

Being dissatisfied with the said decision the appellant took out notice of appeal dated 2nd and filed 3rd October, 2007 wherein eight grounds of appeal were filed therein.

At the lower tribunal, the petitioner/appellant took out its petition on the 28th May, 2007 wherein it claims the following from the respondents on record as following:

"1. Declaration that the 2nd and 3rd Respondents have no statutory powers to cancel or nullify the result of the Governorship election held in Imo State on 14/4/07.

2. Declaration that the 2nd an…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login