FUBARA & ANOR.
V.
INEC & ANOR.

(2009) JELR 39934 (CA)    

Court of Appeal  ·  CA/PH/EPT/295/2008 ·  14 Jul 2009 ·  Nigeria
CORAM
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
lower tribunal
paragraph
polling units
2nd respondent
local government area
grounds of appeal
brief of argument
cross-examination
election materials
election tribunal
various polling units
1st appellant
findings of the lower tribunal
said election
following reasons
2nd appellants
aforesaid notice of appeal
ec8a
local government area constituency
particulars of the case
preliminary objection of the 1st respondent
provisions of the electoral act
respective parties
result sheets forms ec8a
return of the 2nd respondent
accreditation of voter
allegations of corrupt practices
appellants produce exhibits p.1
candidate of the democratic peoples party
decision of the lower tribunal
delivery of electoral materials
ease of okonkwo v. inec
form ec8a
fresh issues
issue of absence of forms ec8a
legislative houses election petitions tribunal
legislature house election petition tribunal
light of the foregoing
petition of the petitioners
primary evidence of results of the election
prior leave of the court
reply brief
rivers state 1st respondent
statement of results of poll
use of the said forms ec8a
view of the tribunals

SULEIMAN GALADIMA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the Governorship and Legislative Houses Election Petitions Tribunal which dismissed the Petition of the Petitioners challenging the return of the 2nd Respondent.

On 14/4/2007, Election took place throughout Nigeria. In Rivers State 1st Respondent conducted an election to the Rivers State House or Assembly for OGU/BOLO Local Government Area Constituency. The 1st Appellant contested in the said election as the candidate of the Democratic Peoples Party (DPP) (2 Appellant herein); while the 2nd Respondent contested as the candidate of the Peoples Democratic Party (PDP), other 5 candidates that participated in the same election are not parties in this appeal.

At the end of the election, the 2nd Rcspondent was returned by the 1st Respondent as the candidate duly elected. The 1st and 2nd Appellants were aggrieved with the return of the 2nd Respondent and they filed their joint petition in t…

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