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HON. OTELEMABA D. AMACHREE V. BOMA GOODHEAD PEOPLES’ DEMOCRATIC PARTY (PDP) INDEPENDENT NATIONAL ELECTORAL COMMISSION ELECTORAL OFFICER, ASALGA CONSTITUENCY RETURNING OFFICER (CONSTITUENCY1 ASALGA) CONSTITUENCYCOLLATION OFFICER (CONSTITUENCY1 ASALGA) COLLATION OFFICER, WARD 1 ASALGA COLLATION OFFICER, WARD 2 ASALGA COLLATION OFFICER, WARD 3 ASALGA COLLATION OFFICER, WARD 4 ASALGA COLLATION OFFICER, WARD 5 ASALGA COLLATION OFFICER, WARD 6 ASALGA

(2008) JELR 55869 (CA)

Court of Appeal  •  CA/PH/EPT/95/08  •  10 Dec 2008  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA (Presided) KUDIRAT M. O. KEKERE-EKUN JCA (Read the Lead Judgment) IBRAHIM MOH’D MUSA SAULAWA JCA

Judgement

KEKERE-EKUN JCA (Delivering the Lead Judgment): On 28 April2007, the 3rd respondent, the Independent National Electoral Commission (INEC) conducted elections into the Rivers State House of Assembly. The appellant and the 1st respondent herein were among the candidates who contested the election as representatives of Constituency I in Asari Toru Local GovernmentArea of the State. The appellant contested on the platform of the 2nd respondent, the Peoples’ Democratic Party (PDP), while the 1st respondent contested on the platform of the Action Congress (AC). At the conclusion of the election, the 3rd respondent returned the appellant as duly elected, having scored the highest number of votes cast. The 1st respondent was dissatisfied with the result declared by the 3rd respondent and filed a petition before the Governorship and Legislative House Election Tribunal, holden at Port Harcourt, Rivers State. The grounds of the petition as stated at page 5 of the record are: The 1st respondent…

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