(2008) JELR 45512 (CA)    

Court of Appeal  ·  CA/PH/EPT/218/08 ·  10 Dec 2008 ·  Nigeria
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
7th respondents
necessary parties
3rd respondent
return of the 1st respondent
conduct of the election
learned counsel
collation officers
obingwa east state constituency
ward collation officers
presiding officers
majority of the lawful votes
part of ward
provisions of the electoral act
abia state house of assembly
election petition
weight of evidence
2nd may
authorities of buhari v. obasanjo
briefs of argument
charge of the polling units
circumstances of the case
clear form
constituents of constituency
declaration of result
election of the 1st respondent
end of the election
end of the trial of the petition
entire petition
following terms
form ec8
leave of the court
lower tribunal
ltd v. yahaya
nasiru v. bewdawa
obingwa local government area ward
ogboru v. ibori
only way
platform of the peoples democratic party
rescheduled election
said grounds
said mr. felix obia
said results
single issue
support of their different positions
use of a police hand

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): In the rescheduled election held on 28th April, 2007 into the Abia State House of Assembly for the Obingwa East State constituency, the Appellant, sponsored by Progressive Peoples' Alliance (PPA) and the 1st Respondent on the platform of the Peoples Democratic Party (PDP), were candidates among others. At the end of the election, the 3rd Respondent, through the 4th - 7th Respondents declared and returned the 1st Respondent as the winner. Dissatisfied with the return, the Appellant presented an election petition against same before the Governorship and Legislative Houses Election Tribunal Abia State (hereinafter lower tribunal) on three (3) grounds as follows:

1. The election of the 1st Respondent was invalid by reason of corrupt practices, violence and or noncompliance with the provisions of the Electoral Act.

2. The 1st Respondent was not elected by a majority of the lawful votes cast at the election

3. Petitioner avers …

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