(2014) JELR 40258 (CA)    

Court of Appeal  ·  CA/B/248/2012 ·  22 Jan 2014 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
grounds of appeal
learned trial judge
3rd respondent
preliminary objection
delta state house of assembly
supreme court
1st appellant
federal high court
judicial commission of inquiry
constitution of the federal republic of nigeria
court of appeal rules
public officer
abuse of court process
abuse of the process of court
notice of preliminary objection
suit no. fhc
want of jurisdiction
hearing of the appeal
learned counsel
said election
state government
abuse of court
adeleke v. ecu-line nv
agu v. odofin
anor v. abidoye
candidate of the 2nd appellant
end of the election
equitable grounds
facts of the case
first place
fundamental requirement of the said section
hearing of the appellants
hearing of this appeal raise
judicial process
jurisdiction of this honourable court
mohammed v. m.e. co. ltd
oge v. ede
qualification of the 1st respondent
respective parties
rules of this court
said notice of preliminary objection
state house of assembly election tribunal
such issues
violation of the provisions of section

TOM SHAIBU YAKUBU, J.C.A.: (Delivering the Leading Judgment): The appellants were the plaintiffs in suit No. FHC/ASB/CS/184/2011 at the Federal High Court, holden at Asaba, (simply referred to hereafter) as the court below.

The 1st appellant was a candidate of the 2nd appellant at the election into the Delta State House of Assembly as member representing the Bomadi Constituency, which was held on 26th April, 2011. At the end of the election, the 1st respondent was returned and declared as the winner thereof. This was challenged by the appellants at the National and State House of Assembly Election Tribunal, sitting at Asaba.

The petition was running its course when the appellants filed the action aforementioned at the court below vide an originating summons, challenging the qualification of the 1st respondent to contest the said election, on the complaint that the latter lied or misrepresented facts in Form C.F.001 submitted by him to the 3rd respondent for the purpose of contesting …

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