(1999) JELR 43892 (CA)    

Court of Appeal  ·  CA/PH/EP/108/99 ·  28 Apr 1999 ·  Nigeria
Other Citations
Wogu v. Eze (1999) 8 NWLR (Pt. 616) 613
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
2nd respondent
decree no.
enabling law
tax papers
behalf of the 1st respondent
combined reading of sections
corrupt practices
ec 8b
form ec 8c
forms ec 8a
presiding officers
provisions of the enabling statute
3rd respondents
abia states national assembly election tribunal
aboyi john ikongbeh
ama asaa ntigha ward
appellants brief of argument
behalf of the appellant
brief covers
chairman of the tribunal
false results
honourable chairman of the tribunal
imaginary returns
leading judgment
mature termination of his petition
name enwereuzo eze a.
nomination forms
original copies of the voter registration cards
peoples party
peoples party abia state
preview of the leading judgment
produced form
proper name anthony enwereuzor
provisions of schedule
provisions of the enabling statue
quorum of ah election tribunal
serial numbers of the various results
sunday akinola akintan
time of the election
view of section

ABOYI JOHN IKONGBEH, J.C.A. (Delivering the Leading Judgment): This is an appeal by the petitioner before the Imo/Abia States National Assembly Election Tribunal against the Tribunal's pre-mature termination of his petition. He lost the election into the House of Representatives to the 1st respondent. Dissatisfied with the results as declared by I. N. E. C., he filed his petition on the following two grounds:

"1. That the 1st Respondent whose election is hereby questioned was at the time of the election not qualified to or was disqualified from contesting the said election.

2. That the election was voided by corrupt practices and offences against the provisions of the enabling statue and by non compliance with the provisions of the enabling statute, which corrupt practices, offences and non compliance were orchestrated by then 1st respondent and condoned by the 2nd and 3rd respondents."

The facts supporting the two grounds are set out in Paragraphs 7(1) and 7(2) thus:


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