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CHIBUIKE ROTIMI AMAECHI V. INNOCENT U. OKWUKWU & ORS

(1999) JELR 43888 (CA)

Court of Appeal  •  CA/PH/EP/101/99  •  27 Apr 1999  •  Nigeria

Coram
SYLVANUS ADIEWERE NSOFOR JCA; KUMAI BAYANG AKAAHS JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

IKONGBEH, J.C.A. (Delivering the Leading Judgment): The appellant herein was the petitioner before the Rivers State Governorship and Legislative Houses Election Tribunal. He and the 1st respondent contested the seat in the Rivers State House of Assembly representing Ikwerre Constituency. The 1st respondent was sponsored by the All Peoples Party (A.P.P.) while he (the appellant) was sponsored by the Peoples Democratic Party (P.D.P.).

At the end of the election, which was held on 9/1/99, the 2nd respondent, i.e., the Independent National Electoral Commission (INEC), returned the 1st respondent as duly elected, having scored the majority of lawful votes cast at the election. It credited the 1st respondent with 31,861 votes, and the appellant with 28,244 votes.

Aggrieved by the results as declared by INEC, the appellant presented a petition before the Tribunal earlier mentioned. He based the petition on three grounds, set out in paragraph 5 of the petition as follows:

"A. The 1st Responde…

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