(2003) JELR 44949 (CA)    

Court of Appeal  ·  CA/PH/EPT/170/2003 ·  5 Nov 2003 ·  Nigeria
Other Citations
Kalu v. Ohuabunwa [2004] 7 NWLR (Pt.871)1
Kalu v. Ohuabunwa (2004) 7 NWLR (Pt. 871) 1
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
Core Terms Beta
1st respondent
electoral act
22nd respondents
entire petition
electoral officials
presiding officers
2nd respondent
instant case
polling stations
23rd respondents
subject of the complaints
umeh kalu
aboyi john ikongbeh
chief mao ohuabunwa
electoral officers
failure of petitioners
following relief
following reliefs
inter alia
joinder of an electoral officer
late arrival of voting materials
late starting of voting
main contention of the appellant
mandatory provisions of the electoral act
national assembly elections
numerous sub-paragraphs
officials of the 2nd respondent
ohafia federal constituency of the national assembly
overall results
paragraph affidavit
paragraph reply
particular sections
polling station
present appellant
proliferation of issues
reason of the electoral malpractices
respective brief of argument
ruling of the national assembly election tribunal
said 2nd
said paragraph
said petitions incompetent
service of the petition
single issue
sub-paragraphs of the said paragraph
sunday akinola akintan

SUNDAY AKINOLA AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the National Assembly Election Tribunal holden at Umuahia. The ruling was delivered on 16th June, 2003. The present appellant, Umeh Kalu, was a candidate at the election into Arochukwu/Ohafia Federal Constituency of the National Assembly held on 12th April, 2003. He contested the election on the platform of the National Democratic Party (NDP). There were in all six candidates who contested the election along with the appellant. The 1st respondent, Chief Mao Ohuabunwa was one of the six candidates that contested the election along with the appellant. The 2nd respondent, INEC, was the body that conducted the election; while the 3rd to 23rd respondents were officials of the 2nd respondent that were involved in conducting the election.

At the conclusion of the election, the 2nd respondent declared the result as follows:

a) Mao Ohuabunwa (PDP) - 51,991 votes

b) Dr. Sampson Orji (ANPP) …

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