(2003) JELR 44962 (CA)    

Court of Appeal  ·  CA/PH/EPT/223/2003 ·  2 Dec 2003 ·  Nigeria
MICHEAL EYARUOMA AKPIROROH 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
senior counsel
number of votes
suo motu
2nd respondent
interlocutory appeal
following issues
judgment of the tribunal
leading judgment
preliminary objection
3rd respondent
bayelsa state house of assembly
case of the petitioners
evidence of the respondents
interlocutory decision of the tribunal
question of inspection of copies
registered voter
suo motu raising
yenagoa constituency
absence of such challenge
available evidence
basis of the evidence
careful perusal of the record of proceedings shows
dismissal of the petition
effect of failure
entire purported election
evidence of d.w.
first appeal ca
fresh election
preview of the lead judgment
proper comprehension of the actual complaint of the petitioners
purported return of the 1st respondent
reason of non-compliance
respect of election
ruling of the tribunal
said decree
scores of votes
second appeal
set approach
substance of the preliminary objection of senior counsel
such proceedings
tribunal base
yenagoa iii state constituency

M. E. AKPIROROH, J.C.A. (Delivering the Leading Judgment): There are two appeals in this Suit. The first Appeal CA/PH/EPT/167/2003 is an interlocutory Appeal by the 1st Respondent against the Ruling of the Tribunal delivered on 13/6/2003 in which the Tribunal held that the Petition was competent in law. The second Appeal (CA/PH/EPT/223/2003) filed by the Appellants is against the judgment in the substantive Suit delivered on 16/7/2003 challenging the dismissal of the petition.

The dispute that led to the filling of the petition at the Tribunal arose over the result; of the election declared by the 3rd respondent in respect of election to the Bayelsa State House of Assembly for Yenagoa Constituency 3 which was re-scheduled and held on 6/5/2003.

The appellants claimed in their petition as follows:

(i) "That the purported return of the 1st Respondent at Yenagoa be annulled as invalid and that the entire purported election be also declared invalid, void and vitiated by reason of non-compl…

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