BALONWU
V.
EMORDI & ORS

(2009) JELR 39736 (CA)    

Court of Appeal  ·  CA/E/EPT/73/2008 ·  10 Feb 2009 ·  Nigeria
CORAM
VICTOR A. O. OMAGE Justice of The Court of Appeal of Nigeria OFR Justice of The Court of Appeal of Nigeria MOHAMMED LADAN TSAMIYA Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria
Core Terms Beta
election
appellant
court
presiding officer
1st respondent
issues
pw
presiding officers
election of the 1st respondent
anambra north senatorial district
electoral materials
j.c.a
provisions of the electoral act
video tapes
cross examination
petition of the appellant
anambra state
list of witnesses
provision of the electoral act
result sheet
voters registers
appeal take issue
bare testimony
correct result sheet
decision of the tribunal
deposition of witnesses
direct response
evidence of dw
evidence of pw
exhibits ppp
following issues
governorship legislative houses of assembly election petition tribunal
leading judgment
petition no. ept
petition of hon. jessie balonwu
petition of the petitioner
platform of the labour party
presiding office ought
preview of the lead judgment
probative value
proof of the allegation
purported return of the 1st respondent
return of the 1st respondent
sunday okafor pw
supervisory presiding officer
winner of the said election
witnesses fail

VICTOR A. O. OMAGE, J.C.A, (Delivering the Leading Judgment): This is an appeal against the judgment of the panel, which sat on the Governorship Legislative Houses of Assembly Election Petition Tribunal, at Awka, Anambra State in Petition No. EPT/AN/NAE/SE/9/2007 on the Petition of Hon. Jessie Balonwu against Senator Joy Emordi and Others. The judgment was delivered on 17th June, 2008 Coram J.S Abiriyi and four others Judges on 14th June, 2008. The Tribunal dismissed the petition of the Petitioner, for election to the seat of Senator to the Senate on the Anambra North Senatorial District.

The petitioner was dissatisfied with the decision of the Tribunal and she has appealed to this Court. The petitioner deposed that the election was scheduled to take place on 21/4/2007, but did not hold, and the election was consequently purported to hold on 28 April, 2007.

The Petitioner contested the election on the platform of the Labour Party while the 1st Respondent contested on the platform of …

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