(2011) JELR 45881 (CA)    

Court of Appeal  ·  CA/OW/EPT/12/2011 ·  1 Dec 2011 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HARUNA M. TSAMMANI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower tribunal
senior counsel
1st appellant
notice of appeal
grounds of appeal
electoral act
1st respondent
presumption of regularity
1st petitioner
3rd respondent
appellant's brief
issue of nomination
learned counsel
running mate
governorship election
notice of preliminary objection
return of the 3rd respondent
2nd petitioner
additional documents
appellant's petition
copy of form ec4b
leave of this honourable court
provision of order
1st respondent's reply
2nd petitioner's candidate
agreement of counsel
appeal stems
candidate of the 2nd appellant
case of cbn vs okojie
case of khalil v
competence of the appellants
entire objection of the learned counsel
evidential value of form ec4b
exclusive ground
grounds of the consolidated applications
honourable tribunal
independent national electoral commission
judgment of the governorship election petition tribunal sitting
leave of court raise
locus standi of the appellants
nomination of the 1st petitioner defective
notices of preliminary objections
oge vs ede
peoples democratic party
petition no. ept
platform of the 2nd respondent
submitted copies of the referenced documents
substantive issues
umuahia abia state

UWANI MUSA ABBA AJI, J.C.A (Delivering the Leading Judgment): This appeal stems from the judgment of the Governorship Election Petition Tribunal Sitting at Umuahia Abia State in Petition No. EPT/AB/G/16/2011 delivered on the 10th August, 2011 wherein the Tribunal dismissed the Appellant's petition against the return of the 3rd Respondent as the Governor of Abia State in the April 26th 2011 Governorship election.

The 1st Appellant herein, Emenike Owanta was a candidate of the 2nd Appellant, the Democratic Front for a Peoples' Federation at the election held on the 26th day of April, 2011. The 3rd Respondent, Theodore Orji contested the said election on the platform of the 2nd Respondent, Peoples Democratic Party (PDP). The 1st Respondent, Independent National Electoral commission (INEC) declared the 3rd Respondent, the winner of the election as having polled the highest number of votes cast at the election and returned him accordingly as the winner of the Governorship election of Abia …

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