(2012) JELR 49338 (CA)    

Court of Appeal  ·  CA/E/EPT/63/2011 ·  7 Jan 2012 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria
Core Terms Beta
ballot papers
result sheets
learned counsel
polling units
documentary evidence
1st respondent
1st petitioner
majority of lawful votes
questioned polling units
election officials
case of the parties
cross examination
disputed polling units
fresh election
provisions of the electoral act
return of the 1st respondent
trial tribunal
2nd respondent
3rd respondent
case of the appellants
credible evidence
due conduct
electoral due process deficit
favour of the results
ordinary course of the voting process
presumptions of regularity
unchallenged evidence of pw17
voters registers
aforementioned polling units
cogent evidence
court of appeal
decision of a trial court
evidence oral
exhibits p2-p104
honourable tribunal
inec form
initial evidential burden lies
learned trial tribunal
principles of the electoral act
respective counsel
said election
settled position of the law
tribunal of votes

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): On the 7th day of January, 2012, we had cause to pronounce the judgment on the Appellants' appeal and allowed same on all Grounds. We also ordered that the election and return of the 1st Respondent be cancelled and his Certificate of Return withdrawn by the 3rd Respondent to enable fresh election to be conducted in the entire Ishielu North State Constituency of Ebonyi State within 90 days.

We also promised to give our reasons for the pronouncement in due course. We shall now proceed to give our said reasons in so holding that the Appellants' Appeal succeeded and the consequential orders made on the date of the pronouncement of the judgment.

It would be recalled that by their petition dated 16th May, 2011 and filed on 17th May, 2011, the Appellants then petitioners challenged the election and return of the 1st Respondent as the duly elected member into the Ebonyi State House of Assembly, to represent the Ishielu North Stat…

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