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EFEROGHENE AKPOKINIOVO V. HON. OVIE AGAS INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) RESIDENT ELECTORAL COMMISSIONER ELECTORAL OFFICER, INEC, UGHELLI NORTH LOCAL GOVERNMENT AREA THE RETURNING OFFICER, CONSTITUENCY 2, INEC, UGHELLI NORTH LOCAL GOVERNMENT AREA

(2004) JELR 55384 (CA)

Court of Appeal  •  CA/B/LHET/DT/129/2003 LHET/DT/11/2003  •  12 Jan 2004  •  Nigeria

Coram
MUHAMMAD S. MUNTAKA-COOMASSIE, JCA (Presided) KUMAI BAYANG AKAAHS, JCA AMINA ADAMU AUGIE, JCA (Read the Lead Judgment)

Judgement

AUGIE, JCA (Delivering the Lead Judgment): The appellant, a candidate of the Alliance for Democracy (AD) contested election into the Delta State House of Assembly for Ughelli North Constituency 2 held on Saturday, the 3rd of May, 2003 in Ughelli North Local Government Area, wherein the 2nd - 5th respondents declared and/or returned the 1st respondent, a candidate of the Peoples Democratic Party (PDP), as having won the election. Being dissatisfied, the appellant filed a petition against the respondents before the Election Tribunal sitting at Asaba on the 28th May, 2003. The 1st respondent entered a conditional memorandum of appearance on 2nd June, 2003 and on the 5th of June 2003, filed a motion praying for an order striking out/dismissing the petition on the grounds of incompetence, non-compliance with the mandatory provisions of the Electoral Act 2002, and jurisdiction”. In striking the petition, the Election Tribunal held as follows: “In conclusion, we are in agreement with the l…

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