(1999) JELR 43890 (CA)    

Court of Appeal  ·  CA/PH/EP/103/99 ·  27 Apr 1999 ·  Nigeria
Other Citations
Onyenekwu v. Amasiatu (1999) 13 NWLR (Pt. 636) 681
SLYVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
local government constituency
majority of lawful votes
omuma ward
2nd respondent
3rd respondents
majority of the lawful votes
majority of valid votes
presiding officers
reasonable doubt
said election
scores of the 1st respondent
3rd respondent
4th respondent
aboyi john ikongbeh
amendment of a statement of facts
available evidence
booths j13
clear evidence
election of the 1st respondent
election petition
election result sheets
exhibit b
exhibit b2
falsified scores of some booths
fraudulent action of an unknown fraudster
grounds of appeal
honourable tribunal
imo state house of assembly
leading judgment
legislative houses election tribunal
main appeal
mutilation of the scores
platform of all peoples party
proper enquiry
result sheets
said schedule
space of the 1st respondents score
state government
total scores of the appellant

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): The Petitioner and the 1st Respondent contested the Election into the Imo State House of Assembly for Oru-East Local Government Constituency which held on 9/1/99. The election was organised by INEC, the 4th Respondent. The petitioner contested on the platform of All Peoples Party (APP), while the 1st Respondent contested under the platform of Peoples Democratic Party (PDP). No candidate was fielded by Alliance for Democracy (A.D). At the close of the polls, the 3rd Respondent declared the PDP candidate the winner having scored 11,304 votes to the petitioners 11,587 votes. The petitioner was dissatisfied with the declaration made and filed his petition before the Governorship and Legislative Houses Election Tribunal holden at Owerri and in paragraph 6 of the Petition he stated the grounds and facts upon which he relied as follows:-

"(a) Some election result sheets for polling booths in Omuma Ward (which the 2nd Respondent c…

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