(2009) JELR 39731 (CA)    

Court of Appeal  ·  CA/E/EPT/42/2008 ·  23 Jun 2009 ·  Nigeria
AMIRU SANUSI Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
evidence act
honourable tribunal
provisions of section
polling units
electoral act
particulars of error
5th respondents
1st respondent
evidence of the petitioner
strange names
makeshift register
anambra state
make-shift register
said election
said statements
4th respondents
amendments of the practice direction
briefs of argument
catalogue of alleged violations of the provisions
denial of the right of the respondents
duration of the alleged display of the voters
full blown trial
full names
house of assembly seat of njikoka constituency
intention of the practice direction
legislative houses election tribunal no.
main grouse of the petitioner
officials of the 5th respondent inec
protection of the use of pseudonyms
register of voters
result forms
return of the 1st respondent
rules of this court
said petition
said tribunal
see buhari
see fcda
submission of the learned counsel
such votes
voters list
witness statements of the respondents

AMIRU SANUSI, J.C.A., (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly,Governorship and Legislative Houses Election Tribunal No. II of Anambra State sitting at Awka, (simply referred to as "the Tribunal") delivered on the 22nd of February, 2008. At the said tribunal, the appellant herein, filed a petition on 11th May 2007 dated 10th May 2007 against the respondents. In the said petition, the appellant as petitioner claimed that he had contested the election held on 14th April 2007 in to the House of Assembly seat of Njikoka Constituency II of Anambra State on the platform of Action Congress party.

In the petition at the tribunal, the petitioner challenged the declaration and return of the 1st respondent who contested the said election with him on the same seal but on the ticket of the Peoples Democratic Party (PDP). The 2nd, 3rd and 4th respondents were officials of the 5th respondent INEC which is the official body authorized by the …

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