(2009) JELR 40000 (CA)    

Court of Appeal  ·  CA/PH/EPT/197A/2008 ·  11 Feb 2009 ·  Nigeria
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria GEORGE OLADEHINDE SHOREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower tribunal
1st respondent
senior counsel
grounds of appeal
deputy governor of abia state
brief of argument
notice of appeal
2nd appellants
majority of lawful votes
member of a secret society
printed record
interlocutory decisions
learned senior
provision of section
date of the election
issue number
4th respondent
abia state governorship elections
alternative ground
appellate jurisdiction
candidates of the petitioner
cases of khalil v. yar
chief t. a. orji
disqualification of the 1st respondent
evaluation of the evidence
federal high court kaduna
final judgment of the tribunal
following deductions
following grounds of appeal
issue hold
jurisdictional nature of the complaints
leading judgment
learned justices of lower tribunal
learned tribunal
notice of preliminary objection reference
order of the tribunal
peoples democratic party
point of commencement
premise of the foregoing grounds
present respondent
provisions of the election act
said notice
said section
senior counsel chief daudu
separate election petitions
subject matter of interlocutory rulings
support of the preliminary objection
winners of the said election

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): The respondent herein is the Peoples Democratic Party, (hereinafter referred to as the PDP a co-petitioner, now co-respondent with Oyeoma Ugochukwu and Hon. Chinwendu Nwanganga (Governorship candidate and running mate for the PDP) who took out separate election petitions against the results declared by the 4th respondent herein. The petitions were identified as ABS/GOV/EPT/4/2007 for the candidates and ABS/GOV/EPT/9/2007 for the present respondent and were consolidated upon the order of the tribunal below as evidenced at page 2207 of the printed record.

The Abia State Governorship elections took place on the 14th of April, 2007 and in the results that were declared INEC announced the 1st and 2nd appellants' as winners of the said election as Governor and Deputy Governor of Abia State respectively.

Against such a declaration, the 1st respondent (as petitioner) filed a petition which same was allowed on the 25th February, 20…

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