NWOKO
V.
OSAKWE & ANOR.

(2009) JELR 39936 (CA)    

Court of Appeal  ·  CA/B/EPT/206/2008 ·  10 Jul 2009 ·  Nigeria
CORAM
GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria
Core Terms Beta
evidence
1st respondent
appeal
members of the tribunal
error-in-law
instant case
issues
miscarriage of justice
20th respondents
grounds of appeal
burden of proof
honourable chairman
supreme court
learned trial chairman
court of appeal
incompetent ground
mind of the court
pieces of evidence
position of the law
provision of the electoral act
declaration of the 1st respondent
presidential election
such evidence
trite law
basis of the case
case of admin general
case of buhari vs. inec
case of okolo vs. dokolo
change of the voting period of election
contents of exhibits
court of appeal briefs
court proceedings
following cases idika v. esiri
issue of postponement
issue worthy of consideration
leading judgment
lead judgment
legislative houses election petition tribunal
members of the trial tribunal
notice of preliminary objection
particular election
petition of the appellant
pleadings of the petitioner
public document
said date
said issue
such issues
trial tribunal
umanah v. attah

GEORGE OLADEINDE SHOREMI J.C.A, (Delivering the Leading Judgment): This appeal emanated from the decision of the National Assembly/Governorship and legislative Houses Election Petition Tribunal holden at Asaba Delta State and delivered on the 28th day of May 2008 in which the petition of the Appellant was dismissed. It is against this judgment that the Appellant who was the petitioner at the tribunal had filed 12 grounds of appeal.

The Appellant called evidence and gave a written address which he adopted.

The 1st Respondent also called witnesses and also adopted his written address.

After adoption of written addresses the Honourable Chairman and members of the tribunal gave judgment on the 28th day of May 2008 dismissing the petition.

The relevant part of the judgment reads thus I quote -

"From these pieces of evidence given by the Petitioner and his witnesses, it is crystal clear that this evidence is at variance with the pleadings of the Petitioner highlighted above. And where such …

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