MR. UGOCHUKWU AGBALLAH V. DR. CHIMAROKE NNAMANI INDEPENDENT NATIONAL ELECTORAL COMMISSION & 3227 ORS

DONGBAN-MENSEM JCA (Delivering the Lead Judgment): The appellant is the petitioner in the election petition filed before the Governorship and Legislative Houses Election Tribunal (1st Panel) sitting at Enugu. The petition challenges the result of the Governorship Election held on the 19th April, 2003 in Enugu in which the 1st respondent was duly returned as elected. Before the filing of the petition, the appellant had in two separate D applications made pursuant to section 146 of the Electoral Act 2002, obtained two orders of the trial Tribunal for the inspection of the Result Forms and Voters Register used in the election and take certified true copies of same. At the commencement of the hearing of the petition, the learned counsel for the appellant sought to tender three documents; a report which E is described as the Party Report made from the inspection of the Electoral Documents and photocopies of same as ordered by the trial Tribunal under the provision of section 146 of the Ele…