(2003) JELR 44961 (CA)    

Court of Appeal  ·  CA/PH/EPT/211/2003 ·  20 Nov 2003 ·  Nigeria
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
raise questions
court of trial
calling of evidence
said gentlemen
only point
demeanour of p.w.6
khana constituency ii
mr. a. amuda-kannike
judges of the appellate court
judges of trial
police state
rivers state house of assembly
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
result of the proper use of the advantage
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…

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