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



ARARAUME
V.
OKEWULONU & ORS

(2021) JELR 108790 (CA)    

Court of Appeal  ·  CA/OW/EPT/SEN/6/2021 ·  10 Aug 2021 ·  Nigeria
CORAM
Peter Olabisi Ige, JCA Olasumbo Olarewaju Goodluck, JCA Danlami Zama Senchi, JCA

Ratio Decidendi

Core Terms Beta
appellant
petition
appeal
court
4th respondent
3rd respondents
3rd respondent
2nd respondents
learned counsel
lower tribunal
senior counsel
aggrieved person
trial tribunal
2nd respondent
1st respondent
apex court decision
bye-election
federal high court judgment
grounds of appeal
respondents
said decision of the apex court
17th day of june
5th december
imo north senatorial bye-election
independent national electoral commission
provisions of section
said reliefs
said reliefs vis
4th day of december
appeal no. ca
appellant fails
case of bosa v
cost of the petition
ec8c
favour of the 1st respondent
following reliefs
leading judgment
learned judges of the tribunal
legal practitioners
nomination of candidates
preliminary objections
requisite jurisdiction
respect of senatorial election
said objections
see s.
sole issue
take notice
virtue of result of the election

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the National Assembly Election Petition Tribunal which sat at OWERRI delivered on the 17th day of June, 2021 in respect of Senatorial election conducted for the IMO NORTH SENATORIAL DISTRICT of the National Assembly by the 4th Respondent - INEC, on 5th December 2020. It was a bye-election. The said Independent National Electoral Commission declared by virtue of result of the election contained in FORM EC8D that the 3rd Respondent to this appeal (APC) won the election.

On 24th day of December, 2020, the 1st and 2nd Respondents approached the National and State Houses of Assembly Election Petition Tribunal, Imo State as Petitioners claiming against the Respondents (paragraph 24 of the Petition) the following reliefs and Orders:-

"(a) DECLARATION that the bye-election for the Imo North Senatorial District of the National Assembly consists of:-

i. A valid nomination through the political party…

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