(2021) JELR 109230 (CA)    
Court of Appeal  ·  CA/OW/EPT/SEN/04/2021 ·  21 Apr 2021 ·  Nigeria
Abubakar Datti Yahaya, JCA Joseph Olubunmi Kayode Oyewole, JCA Abimbola Osarugue Obaseki-Adejumo, JCA
Core Terms Beta
2nd respondent
4th respondent
4th respondents
1st respondent
appellant's application
fair hearing
personal service
service of the petition
breach of fair hearing
learned trial judges of the tribunal
3rd respondent
order of the tribunal
said application
time limit
4th respondent ararume
4th respondent's brief
civil procedure
conspicuous parts of the office of the 1st respondent
election tribunal
grounds of appeal
record of appeal
such order
1st respondent's brief
above extracts of the depositions
agency of its counsel
brief of the 2nd respondent
brief of the appellant
counsel mr. e. r. iremeka
court processes
election petition tribunal owerri
equal opportunity
file suo motu
independent national electoral commission
issue of service
law firm of the lead counsel
means of service of the petition
petition no. ept
progressives congress
result of the said election
said election
support of the preliminary objection
technical rules of court

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This appeal has emanated from the Ruling of the National Assembly Election Petition Tribunal, Owerri, delivered on 26th February 2021 in Petition No. EPT/OW/SEN/1/2020 — YOUNG PROGRESSIVE PARTY (YPP) v. ALL PROGRESSIVES CONGRESS (APC) and 3 OTHERS.

​The 3rd Respondent herein, Independent National Electoral Commission (INEC), conducted a bye election for the Imo North Senatorial District on the 5th December 2020. Being dissatisfied with the result of the said election the 1st Respondent herein (YPP), presented a Petition to the Election Petition Tribunal Owerri, praying that the 2nd Respondent herein (APC), 4th Respondent herein (Chukwuma Francis Ibezim) and the Appellant herein (Senator Ifeanyi Godwin Ararume) were not qualified to contest the said election. On issue of service, the Election Petition Tribunal made an Order for substituted service of the Petition and other processes on the APC and Senator Ifeanyi Godwin Ar…

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