(2008) JELR 51017 (CA)    

Court of Appeal  ·  CA/J/EP/HR/266/2007 ·  17 Jul 2008 ·  Nigeria
Core Terms Beta
grounds of appeal
hawul federal constituency
lower tribunal
preliminary objection
final decision
2nd respondents
decision of the lower tribunal
leave of this court
1st respondent
election petition tribunal
member of the national assembly
notice of appeal
political party
rights of the parties
3rd respondent
general election
said election
3rd respondent of the 1st respondent
askira uba
court of appeal rules
following grounds
house of representatives
provisions of section
provisions of the electoral act
reasonable ground of appeal
allegation of misdirection
anpp candidate
ballot boxes
briefs of argument
conduction of the election
contravention of the provision of order
course of an election proceeding
decision of thelower tribunal
declaredwinner of the house of representatives seat
electoral malpractices
first schedule
grounds notice of appeal
hawul federal constituency of borno state
juristic person
legislative houses election tribunal
outcome of the election
presidential elections
return of the 1st respondent
theplatform of the accord party
vital paragraphs of the petitioner
winner of the election

BULKACHUWA JCA(Delivering the Lead Judgment): The appellant contested the election to the House of Representatives for Askira Uba/ Hawul Federal Constituency of Borno State under theplatform of the Accord Party with amongst others, the 1st respondent who contested under the platform of the All Nigeria Peoples’ Party (ANPP). The 1st respondent was returned as the winner of the election by the 3rd respondent (the body charged with the conduction of the election), having been said to have scored 157,007 of the votes cast as against the votes of 7,191 scored by the appellant. The appellants being dissatisfied with the outcome of the election, filed a petition before the Borno State Governorship and Legislative Houses Election Tribunal holden at Maiduguri and challenged the return of the 1st respondent as duly elected on the following grounds; Elections did not hold within thehours prescribed and scheduled for polls into the House of Representatives, Senate and the Presidential elections…

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