LUCKY M. ABARAONYE V. RAY EMEANA & 172 ORS.
(2008) JELR 49475 (CA)
Court of Appeal
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CA/PH/EPT/357/2007
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11 Feb 2008
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Nigeria
Coram
SULEIMAN GALADIMA JCA;
MOHAMMED LAWAL GARBA JCA;
TIJJANI ABDULLAHI JCA;
Appearances
D. C. Madu, Esq. (with him, C. K. Ibezim, Esq; A.I.L. Madu. Esq and C. E. Anyanwu) For Appellant
E. M. Njemanze, Esq.S. Amadi- Obi, Esq. For Respondent
Judgement
<p>GALADIMA, J.C.A, (Delivering the Leading Judgment): This is an appeal against the decision of the Governorship and Legislative Houses Elections Tribunal sitting in Imo State of Nigeria striking out the appellant's petition on the 23rd day of August, 2007 on the ground that the petitioner failed to state the scores of the election. </p><p> The case of the petitioner hereinafter referred to as the "appellant" is that on the 14th day of April, 2007 election was held to determine the member representing Owerri North Constituency in the Imo State House of Assembly.</p><p> The appellant was one of the 5 candidates who contested the election and he did so on the platform of the All Progressive Grand Alliance (APGA) while the 1st respondent contested the election on the platform of the Peoples Democratic Party (PDP). The appellant's case is that at the close of the polls on the said 14th day of April, 2007 no person was returned as elected because even though the election was duly held in 8 out of the 12 w…</p>