(2007) JELR 44031 (CA)    

Court of Appeal  ·  CA/C/145/2007 ·  5 Dec 2007 ·  Nigeria
Other Citations
Obot v. Etim (2008) 12 NWLR (Pt. 1102) 754
VICTOR AIMEPOMO O. OMAGE Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria
Core Terms Beta
electoral act
1st respondent
federal high court
locus standi
political party
judgment of the federal high court
election petition
honourable tribunal
preliminary objection
provision of section
3rd defendant
decision of the federal high court
petition of the appellant
general election
2nd respondent
above decision
election rights
preliminary objection of the 1st respondent
present appellant
purported substitution of the appellant
view of the judgment of the federal high court
2nd petitioner
decision of the supreme court
enrolled order
following persons
independent national electoral commission
lack of presence of the party
learned san
ruling of the election petition tribunal
said court
suit no. fhc
2nd petitioners
akwa lbom state
brief facts of the case
chief assam assam
crux of the matter
final decision
following orders
held election
jurisdiction of this honourable tribunal
leading judgment
primaries election of the peoples democratic party
purpose of the said election
substitution of the appellant null
virtue of the judgment of the federal high court

OMOKRI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the ruling of the Election Petition Tribunal sitting in Uyo, Akwa lbom State delivered on the 26/7/07 as a final decision.

The tribunal struck out the petition of the appellant on the grounds that the appellant was not a candidate at the election held on the 28/04/07 and so lacked the locus standi to present the petition.

The brief facts of the case are that the appellant in December, 2006 won the primaries election of the Peoples Democratic Party (PDP) to contest the election into the House of Representatives in the Uyo Federal Constituency of Akwa Ibom State. His name was accordingly submitted to the Independent National Electoral Commission (hereinafter called INEC), the 2nd respondent in this appeal, vide a letter dated 21/12/06. In February, 2007, 1st respondent was substituted for the appellant as the candidate at the election. The appellant challenged the substitution pursuant to section 34(2) of the…

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