ERE & ORS.(2004)

(2004) JELR 45103 (CA)    

Court of Appeal  ·  CA/PH/EPT/147/2004 ·  8 Dec 2004 ·  Nigeria
VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
cross appeal
22nd respondents
fresh election
unit results
cross appeal of the 1st respondent
southern ijaw federal constituency
trial tribunal
leave of court
preliminary objection
rules of court
electoral act
following issues
grounds of appeal
ijaw federal constituency
proper order
result of the election
unit result
1st schedule
3rd-22nd respondent
3rd-22nd respondents
appellant brief
basis of number of valid votes
considered view
contents of the collated results of the election
election tribunal
event of alleged failure of the appellant
evidence of the parties
falsification of the results of the election
favour of the 1st respondent
file issues
inec form ec 25b
judgment of the election tribunal
learned tribunal
legislative houses election
lower court
para h. see nsirim v
petitioner appellant
reason of lateness
respondent independent national electoral commission
results of the various polling units
such document
wards of the said constituency

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A.: In this appeal, the appellant has appealed against the judgment of the Election Tribunal for Southern Ijaw Federal Constituency, which sat in Yenagoa in the National Assembly Governorship and Legislative Houses election for Ijaw Federal Constituency; for the House of Representative of the National Assembly.

Here are the facts preceding the appeal. In the election for southern Ijaw Federal constituency, held on 12th April 2003, Mr. Ebikeme Frank Ere was declared elected for the area. The petitioner herein was aggrieved by the decision, he filed a petition. In the petition before the election Tribunal, the following issues were submitted for consideration.

(1) That the result of the election into the southern Ijaw Federal constituency as declared by the respondent is baseless, null and void and of no effect whatsoever.

(2) That Mr. Ebikeme Frank Ere the 1st Respondent was not duly elected on the basis of number of valid votes cast in the election,…

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