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ENEMUO
V.
DURU & ORS.

(2004) JELR 53777 (CA)

Court of Appeal 24 Feb 2004 Nigeria
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- This is an appeal against the decision of the National Assembly/Governorship and Legislative Houses Election Tribunal. - The petition was filed by the 1st respondent against the appellant and other respondents, challenging the election re

Case Details

Suit Number:CA/E/EPT/27/2003
Judges:MAHMUD MOHAMMED JCA JOHN AFOLABI FABIYI JCA CLARA BATA OGUNBIYI JCA
Counsel:Chuma Oguejiofor for the Appellant. Dr. O. Ikpeazu SAN (with him, O. Anumonye) for the 1st Respondent. I. Ezechukwu for the 2nd - 4th Respondents.

FABIYI JCA (Delivering the Lead Judgment): This is an appeal against the decision of the National Assembly/Governorship and Legislative Houses Election Tribunal holden at Awka, Anambra State with Nabaruma J. as chairman. The judgment was handed out by the Tribunal on 15th August, 2003. The petition which was filed by the 1st respondent herein against the appellant and 2nd to 4th respondents herein prayed that it be declared as follows:

“(i) That the petitioner (1st respondent herein) was validly elected and/or returned as winner having polled the highest number of lawful votes cast at the said election and was duly declared as winner and issued with form EC8E(I) by the returning officer, to wit; Aguata House of Representatives Federal Constituency of Anambra State.

(ii) That the 1st respondent (in the petition) by itself, its servants or agents have no power under the 1999 Constitution of the Federal Republic of Nigeria, the Electoral Act, 2002 and the 1st respondent’s guidelines to …

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