(2011) JELR 40150 (CA)    

Court of Appeal  ·  CA/PH/EPT/19/2011 ·  13 Oct 2011 ·  Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
electoral act
honourable tribunal
1st schedule
extension of time
1st schedule of the electoral act
3rd-5th respondents
evidence act
hearing session
learned counsel
2nd respondents
5th respondents
bonny state constituency
1st appellant
22nd july
27th day of july
2nd appellant
2nd respondent
briefs of argument
combined interpretation of sections
combined provisions of paragraphs
common ground
compulsory provisions of paragraph
deeming order
final analysis
following words
hearing of the petition
independent national electoral commission
issue mr. nnamdi gabriel
joint reply
learned counsel contention
mandatory provisions of paragraph
mr. femi adegbite
much ado
notice of motion
notice of presentation of the petition
own accord
party files
paul adamu galinje
political parties
political party
pre-hearing session
said provisions of paragraph
such further order
unsuccessful attempt

PAUL ADAMU GALINJE, J.C.A (Delivering the Leading Judgment): The 1st Appellant herein was a candidate sponsored by the 2nd Appellant, a political party in an election which was conducted, by Independent National Electoral commission to elect a member for Bonny state constituency into Rivers State House of assembly.

Several other political parties sponsored candidates in the same election. One of those candidates is the 1st Respondent who was sponsored by the 2nd Respondent.

At the end of the election, the 1st Respondent was declared the winner and therefore returned as member representing Bonny state constituency in the Rivers state House of Assembly. The Appellants are dissatisfied with the declaration and return. By a petition dated 17/05/2011 and filed on the 18/05/2011, they challenged the result of the election at the National and State Houses of assembly election Petition Tribunal Holden at Port Harcourt. Notice of presentation of the petition was served on the 3rd - 5th respon…

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