Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OFONGO
V.
APC & ORS

(2021) JELR 108849 (CA)    

Court of Appeal  ·  CA/PH/495/2020 ·  29 Jan 2021 ·  Nigeria
CORAM
Uchechukwu Onyemenam JCA Jamilu Yammama Tukur JCA Mohammed Baba Idris JCA

Ratio Decidendi

Core Terms Beta
2nd respondent
appeal
learned counsel
cross-appellant
trial court
cross-respondent
preliminary objection
form ec9
1st respondent
sole issue
cause of action
declaratory reliefs
constitution of the federal republic of nigeria
false information
originating summons
hearing notice
notice of appeal
3rd september
mr. ejelonu
decision of the trial court
honourable trial court
2nd december
2nd respondent’s brief
4th respondents
appellant’s case
appellant’s reply
credible evidence
primary election of the 1st respondent
standard of proof
1st defendant’s primary election
2nd respondent cross-appeal
3rd defendant
ag cross-river v
arguments of his cross-appeal
case of the claimant
court’s file
cross-appellant’s brief
declaration of the 3rd respondent
favour of the respondents
following orders
i. s. damabide
judgment of the high court of bayelsa state
jurisdiction of the court
k. e. ejelonu
leading judgment
nomination of the 2nd respondent
proper calculation of the result of the primaries
result of the dissatisfaction of the appellant
said 2nd respondent
said respondent’s brief

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal is as a result of the dissatisfaction of the Appellant against the judgment of the High Court of Bayelsa State, wherein the learned trial Judge T. Y. ABASI, J., on 2nd December, 2020 entered judgment in favour of the Respondents as follows:

“Relief C and D in the Originating Summons having been established by credible evidence is hereby granted.

In all that has been said, I hold that the case of the Claimant succeeds in part and I hereby make the following orders.

1. It is hereby declared that by the proper calculation of the result of the primaries from the various wards of Bayelsa Central Senatorial District held on 3rd September, 2020, it was the Claimant and not the 3rd Defendant that scored the second highest majority of votes cast at the primaries.

2. It is hereby declared that the Claimant having scored the second highest majority of lawful votes of 3,777 (Three Thousand Seven Hundred and Seventy-Seven vote…

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