OHUABUNWA
V.
DURU

(2008) JELR 51135 (CA)    

Court of Appeal  ·  CA/PH/EPT/527/2007 ·  10 Apr 2008 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA JCA (Presided) TIJJANI ABDULLAHI JCA (Read the Lead Judgment) IBRAHIM MOHAMMED MUSA SAULAWA JCA
Core Terms Beta
appellant
counsel
1st respondent
issues
issue no.
learned counsel
majority of lawful votes
open court
learned judges of the tribunal
lower tribunal
ballot papers
evidence of pw2
imo state house of assembly
lead judgment
notice of appeal
return of the 1st respondent
paragraphs a
valid election
cross-examination
date of delivery
firm view
provisions of the electoral act
reply brief
considered view
imo state
part of the proceedings
petition no. ept
reason of corrupt practices
said election
winner of the election
appellant’s brief raises
appellant’s reply
briefs of argument
decision of the lower tribunal
election of the 1st respondent
evidence of the pws
facts of the case
independent national electoral commission
judgment of the governorship
legislative election petition tribunal
mr. d. c. denwigwe esq
mr. godwin ohuabunwa
pws evidence
said commission
said pages
scores of the affected candidate
submissions of counsel
umuaume wards
witness of truth

ABDULLAHI JCA (Delivering the Lead Judgment): This appeal is against the judgment of the Governorship and Legislative Election Petition Tribunal sitting at Owerri, Imo State delivered on 1 November 2007 wherein the lower Tribunal upheld the election of the 1st respondent as member representing Onuimo StateConstituency in the Imo State House of Assembly.

The lower Tribunal, after adding thevotes found to have been wrongly excluded to the scores of the affected candidate held thus: “1st respondent is still the winner of the election having scored the majority of lawful votes cast. Having done that, we find no merit in the petition. We accordingly dismiss same.” Dissatisfied with the decision of the lower Tribunal stated, the appellant, on 19 November 2007, filed a notice of appeal consisting of seven grounds. The grounds without their particulars are as follows:

Ground one: Error in Law The learned Judges of the Tribunal erred in law when they purported to have delivered the judgmen…

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