Ratio DecidendiRatio Decidendi


(2003) JELR 44950 (CA)    

Court of Appeal  ·  CA/PH/EPT/189/2003 ·  5 Nov 2003 ·  Nigeria
Other Citations
Goodhead v.Amachree [2004]1 NWLR (Pt.854)352
Goodhead v. Amachree (2004) 1 NWLR (Pt. 854) 352
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
1st respondent
political party
locus standi
electoral act
lower tribunal
appellant's petition
full trial
statement of claim
press release
appellant's counsel
better affidavit
constitution of the federal republic of nigeria
election of 3rd may
election petition
evidence act
exhibit a
grounds of appeal
provisions of the electoral act
rivers state house of assembly
ruling of the lower tribunal
total votes
1st respondent's objection
2nd day of june
appellant's counter-affidavit
close look
contemplation of the craftsmen of the said act
context of the provisions of the electoral act
david adedoyin adeniji
facts of the case
former candidate
issue no.2
leading judgment
legislative houses election of 3rd may
mere subdivisions of the main theme
m. s. onasanya
nominated candidate
paragraphs e-f.
participation of a candidate
present dispensation
provisions of sections
respect of nomination
results of the election
seat of judgment
such piece of document
withdrawal of a candidate

DAVID ADEDOYIN ADENIJI, JCA (Delivering the Leading Judgment): In this case, the petitioner/appellant was dissatisfied with the ruling of the lower tribunal sitting in Port Harcourt handed down on 26th June, 2003 striking out the appellant's petition on the ground that she has no locus standi to challenge the results of the election to the Governorship and Legislative Houses Election of 3rd May, 2003.

The 1st respondent was returned as elected in the election to the Rivers State House of Assembly. Sequel to the ruling, the appellant filed two grounds of appeal as per page 55 of the record of appeal.

The facts of the case are that the appellant and others contested the election of 3rd May, 2003 to the Rivers State House of Assembly.

She was nominated to contest the election by her party, the ANPP, while the 1st respondent contested the election on the platform of the PDP. At a stage, the ANPP issued a press release urging its members to contest the election but at another stage, the …

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