(2003) JELR 44948 (CA)    

Court of Appeal  ·  CA/PH/EPT/156/2003 ·  28 Oct 2003 ·  Nigeria
MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
2nd respondent
locus standi
election petition
electoral act
political party
1st schedule
candidate of pdp
declaration of the 1st respondent
following issues
lawful candidate of his party
preliminary objection
22nd respondent
22nd respondents
attorney general
attorney general bayelsa state
candidate of a political party
case of effiong v
determination of a candidate of a political party
election petition incompetent
election petition tribunal
end of election
gubernatorial election tribunal
high court
hon. court
honourable tribunal
independent national electoral commission
leading judgment
learned counsel
legislative houses election tribunal
material fact
petition conforms
primary election
proper party
provisions of the electoral act
rulings of the national assembly
safety reasons
scores of the candidates
substance of the reply
valid appeal
virtue of paragraph
winner of the election

MICHAEL EYARUOMA AKPIROROH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the rulings of the National Assembly/Gubernatorial Election Tribunal sitting at Yenagoa, delivered on 2nd and 4th June, 2003.

The appellant was a candidate in the House of Representative election Southern Ijaw Federal constituency held on 12th April, 2003. At the end of election the 1st respondent was declared the winner. Dissatisfied with the declaration of the 1st respondent as the winner, the appellant filed his petition in the Tribunal against the declaration of the 1st respondent as the winner of the election. Counsel entered conditional appearances for the Respondents including the Attorney General Bayelsa State who entered appearance for the 2nd - 22nd Respondents.

The Attorney-General also filed a preliminary objection whereupon counsel for the appellant took objection to appearance of the Attorney General but it was ruled that the Attorney General could appear for the 2nd - 22nd re…

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