(2008) JELR 49473 (CA)    

Court of Appeal  ·  CA/J/EP/HA/30/2008 ·  17 Jun 2008 ·  Nigeria
JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria UZO NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
14th april
electoral act
2nd respondents
211th respondents
federal high court
ogbebor vs. danjuma
benue state
joint brief of argument
learned counsel
peoples democratic party
public holiday
1st appellant
1st respondent terseer tsumba
admissible evidence
alataha vs. asin
learned trial tribunal
said election
various states houses of assembly
yusuf vs. obasanjo
1st appellant terseer tsumba
action congress
buruku state
buruku state constituency seat
court of jurisdiction
date of declaration of the election result
day of election
end of the election
fundamental issue
grounds of the petitioners petition
leading judgment
leave of court
light of the above-authorities
limitation legislation
limited time
officers of independent national electoral commission
petitioner kwaghga osbert ityomyima
prescribed time
present case
provisions of the electoral act
return of the 1st respondent
rules of procedure
supreme court
uzo ndukwe-anyanwu

UZO NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): On 14th April, 2007 elections were held throughout Nigeria into the various States Houses of Assembly. In Benue State, the Petitioner Kwaghga Osbert Ityomyima sponsored by the Action Congress (AC) contested against the 1st Respondent Terseer Tsumba sponsored by Peoples Democratic Party (PDP) for the Buruku State - Constituency seat. At the end of the election the 1st Respondent Terseer Tsumba was returned as the candidate duly elected.

The Petitioner being dissatisfied with the return of the 1st Respondent filed his petition on the 14th of May, 2007 against the 1st Appellant Terseer Tsumba, Peoples Democratic Party (PDP) as 2nd Respondents and against the 3rd - 211th Respondents who are officers of Independent National Electoral Commission (INEC).

In the petition the Petitioners stated that there were three candidates who contested the Buruku State Constituency Seat. The Petitioner came 2nd scoring 7,966 votes, the 1st Ap…

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