ESELEMO
V.
FUNKEKEME

(2007) JELR 45770 (CA)    

Court of Appeal  ·  CA/B/154/2005 ·  10 Jan 2007 ·  Nigeria
CORAM
ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
petition
election
petitioner
electoral act
presiding officers
lower tribunal
1st respondent
grave irregularities
issues
6th respondents
election petition
returning officer
buhari vs. obasanjo
delta state house of assembly
joinder of necessary parties
conduct of the election
conduct of the presiding officers
delta state
election result
grounds
wards of burutu south constituency
4th day of may
additional grounds of appeal
affected presiding officers
alleged irregularities
announcement of the 1st respondent
briefs of argument
burutu south constitutuency
collation of results of valid votes
complaints of corrupt practices
following issues
fresh elections
improper election
jalingo vs. nyame
kalu vs. uzor
legislative house election tribunal
mandatory provision of the electoral act
names of the presiding officers
national assembly
officers of the units
official title name of the person
platform of the justice party
polling booths
polling station
presiding officer of the polling units
said legislative houses election tribunal
second issue
single ground of appeal
uwani musa abba aji
winner of the election

ZAINAB A. BULKACHUWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling by the National Assembly/Governorship and Legislative House Election tribunal, Delta State delivered on the 4th day of May, 2005.

The Petitioner/Appellant was a candidate in the election held on 9/5/2003 to the Delta State House of Assembly as a member representing Burutu south constitutuency under the platform of the Justice Party (JP). He contested with 4 others contestants amongst who was the 1st Respondent who was returned as winner of the election.

Dissatisfied with the election result, the petitioner filed a petition before the said Legislative Houses Election Tribunal, Delta State on the 7/6/2003 against the 1st Respondent and 5 others.

The Petitioner based his petition on two grounds which were improper election involving voting, counting, collation of results of valid votes in any of the five wards of Burutu South constituency and that the election was marred by fraud and/or g…

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