(1999) JELR 43891 (CA)    

Court of Appeal  ·  CA/PH/EP/104/99 ·  23 Apr 1999 ·  Nigeria
Other Citations
Ikeatu v. Obi (1999) 6 NWLR (Pt. 608) 602
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
decree no.3
2nd respondent
5th respondents
necessary parties
presiding officers
returning officer
corrupt practices
presiding officer
said election
ballot papers
breach of the mandatory provisions of section
conduct of an electoral officer
conduct of the elections
copious allegations of electoral malpractices
decision of the governorship
election of the 1st respondent
end of the said elections
evidence of the petitioner
findings of facts
following orders
following reliefs
grounds of appeal
house of assembly election
inter alia
kumai bayang akaahs
leading judgment
legislative houses election tribunal
main point
main question
michael eyaruoma akpiroroh
necessary adjustments
officers of amanator
officials of the 2nd respondent
peoples party
platform of the peoples democratic party
present appeal
question of the competence of the petition
s. a. akintan
support of his case
total scores of the parties
valid votes

S. A. AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the Governorship and Legislative Houses Election Tribunal holden at Owerri in Imo State delivered on 24/3/99. The 1st respondent, Bonny Mbakwe Obi, was petitioner at the tribunal while the appellant, Benneth Ikeatu, was the 1st respondent at the same tribunal. The appellant and the 1st respondent were candidate at the House of Assembly election held on 9/1/99. They both contested for the Ideato South State Constituency in Imo State. The appellant contested the election on the platform of the All Peoples Party (APP) while the 1st respondent contested on the platform of the Peoples Democratic Party (PDP).

The 2nd respondent (INEC) is the statutory body charged with the conduct of the elections while the 3rd, 4th and 5th respondents were the officials of the 2nd respondent directly involved in conducting the election. At the end of the said elections, the 2nd respondent declared that the appel…

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