NNAJI
V.
AGBO

(2004) JELR 51098 (CA)    

Court of Appeal  ·  CA/E/EPT/12/2003 ·  26 Feb 2004 ·  Nigeria
CORAM
OKWUCHUKWU OPENE JCA (Presided and Read the Lead Judgment) KUMAI BAYANG AKAAHS JCA DAVID ADEDOYIN ADENIJI JCA
Core Terms Beta
petitioner
election
wards
votes
1st respondent
2nd respondent
evidence act
grounds of appeal
appeal
awkunanaw east ward
presiding officer
election petition
exhibits g1
voters register
cross-appeals
exhibits e118
lead judgment
election result
end of the election
exhibits a1
independent national electoral commission
national assembly
polling station
south federal constituency
use of wrong forms
appellant show
areas of the judgment
complaint of misdirection
complaints of error
conduct of the national assembly election
error of law
exhibit m
further states
general election
inadmissible documentary evidence
local governments
majority of the votes
particulars of the errors
petitioner’s star witness
platform of other political parties
platform of peoples democratic party
proof of this assertion
result of the said election result
said petitioner
tender evidence
valid grounds of appeal
virtue of the presumption of regularity
weight of the evidence

OPENE JCA (Delivering the Lead Judgment): On the 18th day of April, 2003, a general election was held throughout the country into the National Assembly; the petitioner/appellant contested the House of Representatives seat on the platform of All Progressive Grand Alliance (APGA) for EnuguNorth and South Federal Constituency, the 1st respondent also contested the election on the platform of Peoples Democratic Party (PDP). There were also other candidates who contested the election on the platform of other political parties.

At the end of the election the 1st respondent, Prince Goddy Agbo was declared the winner having scored 119,828 votes as against 5,305 votes scored by the petitioner/appellant. The petitioner/appellant was unhappy and dissatisfied with the election result whereby he filed an election petition challenging the result of the said election result. In his petition, the petitioner/appellant prayed as follows:-

“Wherefore your petitioner prays that it may be determined that …

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