NWIBIE
V.
KWANEE & ORS.

(2003) JELR 44961 (CA)

Court of Appeal · CA/PH/EPT/211/2003 · 20 Nov 2003 · Nigeria

CORAM

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

legislature houses election petitions tribunal

testimonies of p.w.1

1st respondent

latter have

last reason counsel

cross-examination

raise questions

court of trial

calling of evidence

said gentlemen

only point

demeanour of p.w.6

evidence

witnesses

counsel

khana constituency ii

mr. a. amuda-kannike

judges of the appellate court

judges of trial

police state

j.c.a

rivers state house of assembly

petitioner

findings of fact

party agents

own side of the story

armed police

brief of argument

leading judgment

made statement

2nd respondent

grounds of appeal

aboyi john ikongbeh

1st respondent mr. z. adango

last issue

returning officer

totality of the evidence

testimonies of the 1st respondent

single issue

fifth issues

appellate courts

david adedoyin adeniji

sunday akinola akintan

unknown destination

fact

result of the proper use of the advantage

tribunal

exception of p.w.6

ABOYI JOHN IKONGBEH, J.C.A(Delivering the Leading Judgment): The appellant herein and the 1st respondent were candidates at the election into the Rivers State House of Assembly to represent the Khana Constituency II. At the end of the exercise the 1st respondent was returned as duly elected. Aggrieved the appellant presented his petition to the National Assembly/Governorship and Legislature Houses Election Petitions Tribunal, sitting at Port Harcourt. After hearing evidence from the petitioner and his ten witnesses and from the nine witnesses who testified for the respondents, including the 1st respondent, the Tribunal dismissed the petition on the grounds that it "lacks merit and that all the allegations made therein against the respondents have been completely unsubstantiated."

Aggrieved, the petitioner has appealed to this Court. In the brief of argument filed on his behalf his counsel. Mr. A. Amuda-Kannike, formulated five issues for determination. The first second third and fift…

NWIBIE V. KWANEE & ORS.

NWIBIE
V.
KWANEE & ORS.