WENIABO
V.
EBIAKPO & ORS

(1999) JELR 43830 (CA)    

Court of Appeal  ·  CA/PH/EP/94/99 ·  23 Apr 1999 ·  Nigeria
CORAM
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
votes
evidence
petition
petitioner
counsel
exhibits b
total votes
2nd-4th respondents
brief of argument
exhibit d
leading judgment
collation officer
evidence of pw1
form ec8a
humble petitioner
majority of lawful votes
party agents
petitioner nein ebiakpo
scores
scores of the 1st respondent
total votes of the petitioner
aforesaid election tribunal
aforesaid wards
copies of forms ec8b
credible evidence
end of the polls
exhibits a
exhibits c.
exhibits d
first issue
following issues
following reliefs
form ecba
grounds of appeal
highest votes
inter alia
kumai bayang akaahs
legislative houses election tribunal
mere fact
michael eyaruoma akpiroroh
people party
polling stations
respect of the state house of assembly election
sagbama constituency ii
stamp of independent national electoral
such exhibits b
sunday akinola akintan
support of his petition
support of the averments

MICHAEL EYARUOMA AKPIROROH, J.C.A. (Delivering the Leading Judgment): Governorship and Legislative Houses Election Tribunal sitting at Yenagoa delivered on 22nd March, 1999. The petition was in respect of the State House of Assembly election held on 30/1/99.

The 1st Respondent as the petitioner Nein Ebiakpo and Friday Weniabo were candidates at the election. The 1st Respondent contested under the platform of the All People Party (APP) while the appellant contested under the platform of the Peoples Democratic Party (PDP).

At the end of the polls, the 1st Respondent was credited with 1,800 votes while the appellant was credited with 2,538 votes. The appellant was therefore declared the winner of the election having scored the highest votes in the said election.

The petitioner was dissatisfied with the results as declared by the 2nd-4th Respondents and accordingly filed a petition against it before the aforesaid election Tribunal. He set and the grounds, in which he based his petition i…

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