GODWIN & ANOR.
V.
OHAKIM & ANOR.

(2009) JELR 39916 (CA)    

Court of Appeal  ·  CA/PH/EPT/172/2008 ·  23 Mar 2009 ·  Nigeria
CORAM
SAKA ADEYEMI IBIYEYE (OFR) Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria GEORGE OLADEHINDE SHOREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
senior counsel
grounds of appeal
grounds
1st respondent
local government areas
preliminary objections
counsel
specific findings
imo state
incompetent ground
court of appeal
lower tribunal
2nd sets of respondents
apex court
notice of appeal
provisions of order
raise issues of errors
2nd respondent
following grounds
governorship election
independent national electoral commission
instant appeal
interlocutory decision
return of the 1st respondent
2nd issue
2nd set of respondents reply
3rd respondent
amended brief
case of nsirim v nsirim
case of okobia v ajanja
court of appeal rules
decided authorities
decision of etuluku v n.b.c. plc
decision of the lower tribunal
deliberate withholding of result sheets
failure of the purported complaint
further grounds of appeal
host of counsel
leading judgment
learned jurist
learned tribunal judges
record of appeal
respective briefs of arguments
said authority
said notice of appeal
senior counsel chief ben nwakanma
senior counsel chief nwakanma
support of the grounds

SAKA ADEYEMI IBIYEYE, OFR, J.C.A. (Delivering the Leading Judgment): The governorship election in Imo State was conducted on 28/4/2007 by the 2nd Respondent (INEC). The Petitioner and the 1st Respondent were amongst the sixteen (16) candidates who contested the election.

At the conclusion of the exercise, the 3rd Respondent, being the returning officer, returned the 1st Respondent as duly elected Governor of Imo State.

The Petitioner, who came second in the election, dissatisfied with the return of the 1st Respondent on 24/5/2007, filed a petition at the lower tribunal against the 1st Respondent and 3,892 others. Amongst the Respondents are Independent National Electoral commission (INEC), the Resident Electoral commissioner, Imo State, and some electoral officials who conducted the election.

The Petition is predicated on two grounds as clearly set out in paragraph 8 and state as follows:-

"The Petitioner brings this petition on the following grounds, namely:

(i) That the return of t…

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